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Yuktesh (na)     28 April 2016

Payment of costs without prejudice to rights

I need a clarification on payment of exemplary costs under the situation described below. I would be highly grateful for views from the learned lawyer friends on the above.

Mr. A's interim Petition seeking natural justice (during the course of an Appeal before a Tribunal) was rejected with exemplary costs (Condition Precedent). There was however some error in the Tribunal's order therefore Mr. A filed two petitions as follows:

1. Petition for modification of the order against the interim Petition (and thereafter to approach High Court)

2. Petition to fix a date for payment of costs after modification of the order.
 
Tribunal says through an order that it will hear Modification petition only after payment of costs.
 
My queries:
 
(a) Will payment of cost prejudice my case and will 'A' be loosing his right to approach a higher court for the originally rejected order (to which A seeks modification)?
 
(b)  Is it possible to pay the costs under protest and without prejudice and thereby reserve his right to approach a higher court for the originally rejected order (to which he seeks modification).
 
(c) Can 'A' straightway approach High Court for remedy without paying the cost and withdrawing the modification petition filed in the Tribunal. 
 
Thanks in anticipation of a prompt reply.

 


Learning

 1 Replies

Anand Bali Adv. (Advocate Solicitor & Consultant)     30 April 2016

Academic question !! Needs no reply.!!!

For further legal assistance you can send me a PM (Personal Message) through this site.

Advise; always take assistance from an experienced and well educated Advocate of the field.

You well can see my credentials on my web site www.anandbaliandassociates.com ; plus at many other independent internet sites of India such as on  Pathlegal.in, LawyersclubIndia.com; Justdial.com; Kaanoon.com.; Lawsolva.com; Linkedin.com; Legalindia.com; Myadvo.com; Just Dial.com & Sulekha.com; plus many more .

Please visit  www.anandbaliandassociates.com
With Regards !!
Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India


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