Union of India & Ors. Vs. M/S. Champion Photostat Industrial Corporation

[Civil Appellate Jurisdiction Civil Appeal No. 2699 of 2012 @ Special Leave Petition(C) No.1685 of 2012]

O R D E R

1.     Notice.

2.     Shri S.K.Bagaria, learned senior counsel appears and accepts notice for respondent-caveator.

3.     Leave granted.

4.     We have heard learned counsel for the parties to the lis.

5.     The Union of India, in this appeal is primarily aggrieved by the order passed by the High Court in imposing exemplary costs on two officers, namely, Shri Ranjit Singh and Shri Lakshay Kumar.

6.     Shri Bagaria, learned senior counsel appearing for the sole respondent would submit that in the facts and circumstances of the case, the High Court ought not to have imposed any costs. The statement of the learned senior counsel appears to be very fair and requires to be accepted. Therefore, the appeal is allowed to the extent of waiving of costs imposed on the two officers and to that extent the impugned judgment and order of the High Court is set aside.

.......................J. (H.L. DATTU)

.......................J. (CHANDRAMAULI KR. PRASAD)

NEW DELHI

MARCH 02, 2012

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