RAKESH KUMAR SHARMA vs SHRISH DUTT

Judgment text excerpt

$~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 22nd July, 2025 + CM(M) 2543/2024 & CM APPL. 42389/2025 & CM APPL. 42367/2025 RAKESH KUMAR SHARMA .....Petitioner Through: Mr. P. Singh Bindra, Sr. Advocate with Mr. Rakesh Kumar Sharma, Advocates along with petitioner in person. versus SHRISH DUTT .....Respondent Through: Mr. Archit Arora, Advocate. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner herein is defending a Suit for Mandatory and Permanent Injunction. 2. On various different occasions, the defendant was burdened with cost by the learned Trial Court, for one reason or the other. 3. Such cost accumulated to Rs. 17,500/- as per the Trial Court Record though, according to learned Senior Counsel for the petitioner, the unpaid cost is Rs.16,500/-. 4. Be that as it may, fact remains that since the cost remained unpaid and since the application moved by the petitioner seeking waiver of the cost had also been dismissed, the defence of the defendant was struck-off on account of non-payment of cost and the case has, accordingly, been fixed up for final Signature Not Verified Digitally Signed CM(M) 2543/2024 1 By:SONIA THAPLIYAL Signing Date:24.07.2025 11:35:41 arguments. 5. The present petition has been filed seeking setting aside of order dated 08.04.2024 as well as 18.04.2024 whereby the cost has not been waived. 6. Learned counsel for respondent/plaintiff has also appeared. 7. When the matter was taken up by this Court on the last date of hearing, it was asked whether the petitioner was ready to clear the entire unpaid cost so that, his defence is restored and learned counsel for respondent/plaintiff was also requested to take requisite instructions in this regard from the plaintiff. 8. Learned counsel for the plaintiff (re