Compliance of Order
Jainodin shaikh
(Querist) 16 January 2009
This query is : Resolved
District Court has allowed the delay condonation application (regarding Civil Appeal) in which I am for the respondents.
The Court ordered that the application is allowed subject to condition of cost of rupees 300/- to be paid whithin 8 days by the applicant to the respondent. In default the order will be cancelled.
But the applicant deposited the amount of cost in the court despite of paying to the respondent.
On 9th day I have moved an application for vacating the said order as the applicant had not complied the order. And put my argument that the order is for payment to the respondent and not to the court.
This application is pending.
What is your opinion on this point?
PALNITKAR V.V.
(Expert) 16 January 2009
Unless the court specifically directs that the costs should be paid by hand i.e. directly to the respondent, there is nothing wrong if the costs are deposited in the Court. The order shall be deemed to have been complied with if the amount is deposited in Court within time.
A. A. JOSE
(Expert) 17 January 2009
This being a minor technical flaw, the court can very well ignore the same as the order for payment of cost has substantially been complied with by the petitioner. No doubt, you have a point to agitate over the issue but I do not think that there is much merit in such technicalities which should not hinder justice being imparted to the parties.
sanjay singh thakur
(Expert) 17 January 2009
Dear Janodin
As the cost has been deposited in the court within 8 days hence just because the same was not handed over to respondent is not very material point. This is because the Appellant can validly take plea that as Respondent did not receive the amount so he deposited with the court. Hence your objection is not veery material.
