Order 7

Order Details: COPY OF ORDER
Pdf Text: CA No. 15/2022 to 33/2022
Mahavir Prasad Mishra Vs. State
12.12.2022
Present : Sh. Bhishm Sharma, proxy counsel for Sh. Shripal
Upadhyay, Ld. Counsel for appellant.
Sh. Girish Kumar, Ld. Addl. PP for the State.
Sh. Akshit Mohan, Ld. Counsel for respondent no.2.
These are 19 appeals against separate orders of
conviction. However, on the last date, a specific direction was
given to supply copy of the appeal to the opposite side. However,
it has been informed that copy of one appeal has been supplied
by the counsel of appellant to the counsel for respondent.
An application has been moved for waiving of cost
on 19.11.2022. Alongwith with the application, one page e-mail
dated 14.11.2022 is annexed.
It is noteworthy that all the applications for waiver
of cost have the same e-mail annexed with it and on being asked,
counsel appearing for the appellant has fairly conceded that only
copy of one appeal has been supplied to the respondent.
Counsel has been asked the reason for not supplying
copies of all appeals today and he has vehemently argued that the
contents of all the appeals filed are same except for the case
number. However, the e-mail sent to the respondent makes no
such declaration to enable the respondent to prepare all appeals
based on only one petition. Therefore, the respondent is, even as
on date, unaware of the contents of the the remaining appeals,
because of which he is not in a position to address arguments on
the cases.
Once the appellant had filed 19 appeals, he was duty
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bound to supply copy of all appeals to the respondents ( at least,
a soft copy) and mere supply of soft copy of one of the appeals,
out of the 19 appeals is not sufficient compliance of the direction
of the court. Therefore, the application for waiver of cost is ill
conceived and is liable to be dismissed, except for the case in
which the copy of appeal has been supplied.
It has been informed that the copy has been supplied
only in CA No. 15/2022. Therefore, cost stands waived in CA
No. 15/2022. However, considering that the order passed by the
court was not complied and copy of appeal not supplied, further
cost of Rs.50,000/- each is imposed on the appellant in each of
the remaining 18 cases.
At this stage, counsel for the appellant has prayed
for reduction of costs. Considering the young age of the counsel
appearing, the cost reduced to Rs.15,000/- in each case.
List on 23.01.2023.
(Harjyot Singh Bhalla)
Addl. Sessions Judge-04,
New Delhi District, Patiala House Courts
New Delhi/12.12.2022
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