NARENDER KUMAR JAIN vs PAWAN KUMAR JAIN

Judgment text excerpt

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 24th March, 2026 + CM(M) 989/2022, CM APPL. 41212/2022 & CM APPL. 41213/2022 NARENDER KUMAR JAIN .....Petitioner Through: Mr. Atul Gupta, Advocate. versus PAWAN KUMAR JAIN .....Respondent Through: Mr. Siddharth Aggarwal, Advocate. CORAM: HON'BLE MR. JUSTICE RAJNEESH KUMAR GUPTA ORDER (Oral) Rajneesh Kumar Gupta, J. 1. This hearing has been conducted through hybrid mode. 2. The present petition has been filed under Article 227 of the Constitution of India, 1950, assailing the order dated 03rd August, 2022, passed by the learned Trial Court in CS DJ 17832/16, whereby the application filed by the petitioner/defendant seeking waiver of the costs of Rs. 50,000/- imposed upon the defendant has been dismissed, and the subsequent order dated 07th September, 2022, whereby the defence of the petitioner/defendant has been struck of. 3. During the course of arguments, learned counsel for the respondent submits that the respondent is willing to accept the costs of Rs.50,000/-, as imposed upon the petitioner vide order dated 29th March, 2022 and subject to that payment, the respondent has no objection if the order whereby the defence of the petitioner has been struck off is set aside. Learned counsel for the respondent further submits that this Court may form an opinion with Signature Not Verified Signed By:NAMITA CM(M) 989/2022 Page 1 of 2 DHYANI Signing Date:25.03.2026 11:25:46 regard to the quantum of cost as imposed upon the petitioner. 4. In response to the aforesaid submission, learned counsel for the petitioner submits that some leniency may be shown to the petitioner and the costs imposed may be reduced, as the petitioner has already suffered a lot. 5. Learned counsel for the petitioner has argued that the order