Interim Order 17

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CNR NO.: DLND01-001808-2021
16 CS 117/21
SIKANDAR ALI Vs. RIYAZUDDIN ANSARI
24.08.2026
Present: Mr. Anshul Pratap Singh and Mr. L K Agnihotri, Ld.
Counsels for Plaintiff
Mr. Ankit Aggarwal, Ld. counsel for Defendant
Ld. Counsel for the Defendant has moved an
application for waiver of the cost amount of Rs.10,000/- to be
paid to the Plaintiff, which was imposed on the LDOH, which is
strongly opposed to by Ld. Counsel for Plaintiff.
Ld. Counsel for the Defendant submits that on
31.10.2025, cross examination of PW-2 was deferred at her
request and the matter was to come up for remaining cross
examination on 12.12.2025. However, on the said date, the
Plaintiff Witness was not available and the matter was thereafter,
listed for DE on 23.03.2026.
On 23.03.2026, none appeared on behalf of the
Defendant, PE stood closed and the Defendant was directed to
lead his evidence.
Subsequently, on 25.05.2026, proxy counsel for the
Defendant apprised the court that no evidence by way of affidavit
filed on behalf of Defendant and as a matter of last opportunity
the court has directed to file affidavit in evidence, subject to cost
payment of Rs.10,000/-.
The ground taken by the Defendant seeking
waiver/relaxation of cost is that on 23.03.2026, he only got the
information that the NDOH is 25.05.2026, he was not aware that
PE have been closed and was also not aware that he has to file
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his evidence by way of affidavit. The order of the court is
categorical in stating that on 25.05.2026, Defendant was to file
his evidence by way of affidavit and supply a copy of it, in
advance to the Plaintiff and that the matter was to come up for
DE on 25.05.2026.
The confusion of the Defendant therefore, as
regards, the previous directions of this court is found to be
baseless.
Accordingly, the application is disposed off as
dismissed.
A list of witnesses along with evidence by way of
affidavit has been filed on behalf of the Defendant, however, in
view of the dismissal of the application seeking waiver, Ld.
Counsel for Defendant undertakes that he shall comply with the
directions for payment of cost, today.
As such, the list of witnesses along with evidence by
way of affidavit is taken on record, subject to confirmation, as
regards to payment of cost of Rs.10,000/- by NDOH.
Accordingly, to come up for DE on 30.10.2026.
(Sakshi Sejwal)
District Judge -05, NDD,
PHC/ND/24.08.2026
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