Case Note & Summary
The case involved a civil appeal filed by Surya Educational and Charitable Trust against M/s Setia Builders Engineers and Contractors. The Supreme Court took up the special leave petition for hearing with the consent of the parties involved. During the proceedings, the respondent's counsel, Mr. Manoj Swarup, Senior Advocate, requested the court to modify the costs imposed by the Division Bench of the High Court. The Supreme Court, after considering the facts and circumstances of the case, decided to reduce the costs to Rs. 3 Lakh. The court ordered that this amount be paid within three weeks, and if not complied with, the application for condonation of delay would be treated as dismissed. The appeals were partly allowed based on this modification. The court also noted that it would be open for the parties to request the High Court to expedite the matter. Any pending applications were disposed of accordingly.
Headnote
A) Civil Procedure - Modification of Costs - Court's Authority to Modify Costs - Supreme Court of India, 2021 - The Supreme Court modified the costs imposed by the High Court from a higher amount to Rs. 3 Lakh, considering the facts and circumstances of the case. The court directed that the modified costs be paid within three weeks, failing which the application for condonation of delay would be dismissed. Held that the modification was justified based on the circumstances presented (Paras 1-1).
Issue of Consideration
Whether the costs imposed by the Division Bench of the High Court should be modified.
Final Decision
The Supreme Court modified the costs imposed by the High Court to Rs. 3 Lakh, to be paid within three weeks, failing which the application for condonation of delay would be dismissed. The appeals were partly allowed based on this modification.
Law Points
- Modification of costs
- consent of parties
- appeal allowed
