LPA/578/2008 2/ 3 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 578 of 2008 in SPECIAL CIVIL APPLICATION No. 17237 of 2007 with CIVIL APPLICATION No.6311 of 2008 ========================================================= RAJULA NAGARPALIKA - Appellant(s) Versus ARVINDBHAI RAVJIBHAI & 6 - Respondent(s) ========================================================= Appearance : MR RV DESAI for Appellant None for Respondent(s) : 1 - 7. ========================================================= CORAM : HONOURABLE MR.JUSTICE A.L.DAVE and HON'BLE SMT. JUSTICE ABHILASHA KUMARI Date : 09/07/2008 ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
The
appellant ý Rajula Nagarpalika challenges the order of the learned
Single Judge dated 16th January, 2008, passed in Special
Civil Application No.17237 of 2007 only to the extent where the
learned Single Judge has awarded cost of Rs.10,000/- to each of the
respondents.
The
main ground on which the Appeal is preferred is that the appellant is
facing financial crises.
We
have heard learned advocate Mr.R.V.Desai. Apart from his peripheral
arguments, his main argument relating to the Appeal is that the
appellant is facing financial crises and that the respondents-workmen
were represented by Union. Except that the quantum is on higher side,
learned advocate Mr.Desai is unable to point out any element of
arbitrariness in the order of the learned Single Judge awarding
costs.
A
plain reading of the order impugned makes it clear that the learned
Single Judge was inclined to award costs and quantified it at
Rs.10,000/- for each workman keeping in mind that it was the third
round of litigation that the workmen were required to face. In our
opinion, the amount of costs awarded by the learned Single Judge
cannot be in any manner considered to be either arbitrary or on
higher side.
So
far as poor financial condition of the appellant is concerned, that
part seems to have been taken care of by the learned Single Judge
when he says that the amount may be paid even by instalments. Under
the circumstances, the award of costs being an order to the
discretion of the Court, and no arbitrariness having been found, this
Court, as an appellate Court, would not interfere with the same.
The
Appeal, therefore, must fail. It is, accordingly, dismissed.
In
the light of dismissal of Appeal, Civil Application stands disposed
of .
(A.L.Dave,
J.)
(Smt.Abhilasha
Kumari, J.)
(sunil)