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Veerendra   09 April 2024

How to ask for compensation for adjournment ?

Greetings to all ye eminent lawyers ,

This is w.r.f to a case in the co-operative court in Mumbai u/s  91 of MCS act.

The society is overcharging me.  I have filed a case against overbilling. During the last hearing the opposite party asked for an adjournment since their reply was not ready.

Please let me know :

A )  How to seek compensation for adjournments ? What is the procedure ?

B) Please be kind enough to upload / DM me the format / application for seeking compensation for adjournments.

C ) To whom should the demand for  compensation be addressed : To the respondent or to the judge? Will the judge grant compensation for only one adjournment ?

D) How much compensation can we ask for & under what heads ? How do I compute the amount & the quantum of compensation ?

The lawyer of the opposite party did  not even give me the copy of the adjournment application . So I guess I  have to take it from the court registrar .What is the procedure for the same ?

Please provide me with complete details with citations for my queries etc .

Hope to see a lot of responses & many thanks in advance for the same .

Regards ,

Veerendra Darakh


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     09 April 2024

1. There's no rule to grant compensation to opposite party if one party seeks adjournment. 

It is the discretion of court. 

2. Oral submission before court is enough. 

3. Don't be so particular about compensation. 

If the other party is intentionally dragging on the case without any valid reason you may ask the court to close their side evidence. 

4. There's no specific rule for granting compensation for such issues. 

1 Like

Dr. J C Vashista (Advocate )     10 April 2024

Imposition of cost on the delaying party is discretion of the Court / Tribunal / Commission / Authority.

1 Like

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