Harjeet Kaur Baweja @ Dr. Rani Phlaphongphanich v. Ravinder Pal Singh Baweja

Delhi High Court · 08 Aug 2019 · 2019:DHC:3894
Rajiv Sahai Endlaw
CS(OS) 202/2019
2019:DHC:3894
civil petition_allowed

AI Summary

The Delhi High Court allowed the plaintiff's refund of court fees after suit withdrawal but imposed a Rs.30,000/- deduction for delay in filing the refund application.

Full Text
Translation output
HIGH COURT OF DELHI
CS(OS) 202/2019
HARJEET KAUR BAWEJA @ DR. RANI PHLAPHONGPHANICH ..... Plaintiff
Through: Mr. Sankalp Kohli, Adv.
VERSUS
RAVINDER PAL SINGH BAWEJA & ORS. ..... Defendants
Through: None.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW O R D E R
08.08.2019 IA No.10805/2019 (for exemption)
JUDGMENT

1. Allowed, subject to just exceptions.

2. The application is disposed of. IA No.10804/2019 (of plaintiff for refund of court fees)

3. A practise has grown in certain section of the bar, of not doing all that is required to be done on the scheduled date of hearing and to subsequently file application/s, seeking reliefs which ought to have been claimed or what ought to have been done, on the scheduled date and to so multiply applications and hearings.

4. The request for refund of court fees, making which this application is filed, ought to have been made on 11th April, 2019, when the suit was withdrawn. There is no explanation, why the said relief was not sought on that date.

5. In the circumstances, though the application for refund of court fees is allowed but subject to deduction therefrom of Rs.30,000/-.

6. The application is disposed of. CS(OS) 202/2019 2019:DHC:3894

7. A certificate entitling the plaintiff to refund of court fees paid less Rs.30,000/- be issued and handed over to the counsel for the plaintiff.

RAJIV SAHAI ENDLAW, J. AUGUST 08, 2019 ‘bs’..