Cost of litigation
Raj
(Querist) 14 March 2017
This query is : Resolved
In quashing case, the High court has directed me to pay the cost of the Litigation Rs 1 Lakh to the complainant Subsequently, the matter was sent to mediation, which failed after running for the period of nearly 1 year. Thereafter, my counsel withdrew the petition and the case was dismissed as withdrawn as we have already face the trail which is the stage of disposal. Now the complainant, just to give harassment has moved miscellaneous Application, in the disposed of case, asking for the cost of the Litigation. Now my query is since we have withdrawn the petition, and the case is dismissed as withdrawn, whether in such circumstances cost of litigation is maintainable? Is there any suitable remedy or case laws, please help us
Sudhir Kumar, Advocate
(Expert) 14 March 2017
Now my query is since we have withdrawn the petition, and the case is dismissed as withdrawn, whether in such circumstances cost of litigation is maintainable?
Prima-facie yes.
Raj
(Querist) 14 March 2017
ok I will state the facts
Adv. Yogen Kakade
(Expert) 15 March 2017
I agree with Mr. Sudhir kumar.. you can also send him a personal message.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 15 March 2017
It seems HC court charged cost and redirected to review. Although withdrawn the defendant already incurred litigation cost, for which miscellaneous application is moved for execution of cost lavied.
Raj
(Querist) 16 March 2017
Adv Jeevan Patil Ji: High court has directed us to pay the Litigation expenses to the Complainant. Our counsel has withdrawn the Petition as mediation between us and the complainant failed. the complainant has come with fresh application u/s 482 crpc in the disposed case and asking for the Litigation expenses
The High court has issued notices to us
In that case, whether we have to file the reply in response to notice ?
2 or straightway give the cost of litigation without contesting the Application
if there is any ground for opposing the application, please inform us
krishna mohan
(Expert) 17 March 2017
Mediation is a good opportunity to settle which appears to be last. Just weight the cost of litigation ordered by HC and the claim now made to take a balanced call to settle if you feel it is reasonable to settle according to your own estimate.
