Delhi HC Accepts Litigant’s Apology For Non-Disclosure Of Order Before Lower Court, Sets Aside Order Imposing Cost Noting There Was No Malice

Justice Tushar Rao Gedela of the Delhi High Court recently accepted a litigant’s unconditional apology for failing to produce the court’s stay order before the District Judge at the time of listing for final arguments.

“…the mistake is definitely a serious one since order of the higher Court ought to have been necessarily communicated to the Court upon which the said order would have been binding,” the court said.

In arriving at the decision, it was observed,

“The applicants are young Advocates who are at the nascent age of their practice and are stated to be first generation lawyers. It appears that the error was bona fide inasmuch as, no benefit would have accrued to them or their clients by concealing the said order”.

Notably, the court had earlier granted ex-parte stay in the petitioner’s favour, but the relevant order was not placed before the District Judge.

Subsequently, the order was brought to the notice of the District Judge, who issued Show-Cause Notices to the applicants/their counsels for non-disclosure, noting that it was a serious issue.

The applicants tendered their unconditional apology, but the District Judge was of the view that the apology shall be subject to directions of the Delhi High Court.

As such, the applicants approached the Delhi High Court tendering their unconditional apology, when taking a lenient view, Justice Gedela observed:

“…it would be benevolent to accept the unconditional apology tendered by the applicants. This Court is of the considered opinion also that the said apology is genuine and without any malice”.

Accepting the apology, the court set aside an order passed by the District Judge, whereby cost of INR 20,000 was imposed personally on the applicants.

Mr. Kaushik Chatterjee and Ms. Samridhi, Advocates appeared for Petitioner

Case Title: Maps Creation Private Limited v. M/s English Premium & Ors.

Citation: 2023 LiveLaw (Del) 1128

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