Court Clarifies Imposition Source and Waives Cost Due to Professional Commitments
In a recent judgment, the Delhi High Court addressed the issue of adjournments and clarified a previous order concerning the imposition of costs. The case, titled "Dheeraj Arora v. Pariney Khanna," was presided over by Justice Neena Bansal Krishna.
The petitioner, Dheeraj Arora, sought a modification of an earlier order dated 08.07.2025, which mentioned a cost of Rs. 20,000 imposed by the learned Additional Sessions Judge (ASJ) at Tis Hazari Courts. However, it was clarified that the cost had been imposed by the Delhi High Court itself. The court allowed this application for modification, rectifying the record to reflect the correct imposition of the penalty.
In a separate but related application, the petitioner also requested a waiver of the Rs. 20,000 cost, which had been levied on 07.05.2025 due to the absence of their counsel. The petitioner's counsel, Ms. Sudershani Ray, explained her absence, citing professional commitments at Tis Hazari Courts and personal challenges as a single mother. Despite the court's observations on the widespread culture of seeking adjournments, which it urged to change, the court decided to waive the penalty considering the counsel's circumstances.
The judgment highlights the judiciary's concern over the prevalent practice of adjournments in courts, which can lead to delays and inefficiencies. The court's decision to waive the cost underscores its understanding of the challenges faced by legal professionals while simultaneously emphasizing the need for a cultural shift towards reducing unnecessary adjournments.
Bottom Line:
Application under Section 362 of Cr.P.C./Section 403 of Bharatiya Nagarik Suraksha Sanhita, 2023 for modification/clarification of an order allowed - Clarification made regarding imposition of cost by the Court.
Statutory provision(s): Section 362 of Cr.P.C., Section 403 of Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 of Cr.P.C.
Dheeraj Arora v. Pariney Khanna, (Delhi) : Law Finder Doc Id # 2833172
