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Mukesh Trehan vs District Manager, M.P. State Agro Industrial Development Corporation

Delhi High Court · Decided on 15 April 2026 · Citation: (2026) 04 DEL CK 0730

HON’BLE JUDGES
Rajneesh Kumar Gupta, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 227 · Code of Civil Procedure, 1908 — Section 151
RESULT
Disposed Of
CASE NUMBER
Civil Miscellaneous Petition No. 824 Of 2026
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Judgment

13 paragraphs · 332 words

Rajneesh Kumar Gupta, J

1.

This hearing has been conducted through hybrid mode.

CM APPL. 24319/2026 (for delay)

2.

The present application has been filed by the petitioner under Section 151 of the Code of Civil Procedure, 1908, seeking condonation of delay of 11 days in re-filing of the present petition.

3.

For the reasons stated in the application, the delay of 11days in re-filing the present petition is condoned and the application is disposed of.

CM APPL. 24318/2026 (for exemption)

4.

Allowed, subject to all just exceptions. Application is disposed of.

CM(M) 824/2026& CM APPL. 24317/2026

5.

The present petition has been filed by the petitioner under Article 227 of the Constitution of India, 1950, assailing the orders dated 02nd December, 2025 and 24th January, 2026 passed by the learned Trial Court in CS SCJ 1908/2023, whereby costs of Rs. 50,000/- were imposed upon the petitioner/plaintiff, and the application seeking waiver of the said costs was dismissed respectively.

6.

Learned counsel for the petitioner submits that the imposition of cost of Rs.50,000/- on account of non-appearance of the petitioner before the trial court is unreasonable. The respondent has not been yet served in the suit which is for the recovery of Rs.92,614/-.

7.

Learned counsel for the petitioner further submits that the petitioner could not appear in trial court on account of her ill-health. However, in case the trial court requires appearance of the petitioner, the petitioner shall appear in person before the trial court as and when required.

8.

Keeping in view the above submissions made by the learned counsel for the petitioner and the facts of the case, the cost imposed vide the impugned order dated 02nd December, 2025 is reduced to Rs.5,000/-, which shall be deposited by the petitioner in Avlamban Fund Scheme 2024, as directed by the trial court, within a period of one week from today.

9.

Accordingly, the present petition is disposed of in the above-stated terms. Pending application(s), if any, also stand disposed of.