Order 11

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS 167/22
Dr. Sunny (Differently Abled) Vs. Lady Harding Medical
College & Ors.
17.03.2025
Present: Sh. Mohit Aggarwal, Counsel for the plaintiff.
Sh. Tajasavi Goyal, Counsel for the defendants
along with Sh. Sanjay, Departmental Representative.
An application seeking waiver of the cost is moved
by the defendant.
I have heard on the application and perused the
record. The cost of Rs.10,000/- on 08.07.2024 and another cost
of Rs. 10,000/- on 14.10.2024 was imposed on the defendant.
The reasons for imposing the cost on the said two dates has been
elaborated by the Ld. Predecessor. I do not find any reason to
waive of the cost. Hence, the application is dismissed. Cost is not
paid by the defendant. On the last date, one week time was
granted to the defendant to pay the entire cost. Neither the cost
has been paid within one week from the order dated 14.01.2025
nor the cost has been paid today. Hence, the defence of the
defendant is struck off.
An application under Section 151 CPC is moved by
the defendant regarding maintainability/jurisdiction of this Court.
Though at the outset, the application is not filed
under the appropriate provisions of law. Nothing has been
disclosed how this Court has no jurisdiction to entertain the
present suit which is for recovery of arrears of salary. The
Contd…..
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Counsel for the defendant submits that the application may not
be decided today and the same may be kept pending. Though the
same is opposed by the Counsel for the plaintiff.
At request of the Counsel for the defendant, the
application is kept pending.
Case is now fixed for PE on 26.05.2025. Advance
copy of the affidavit be supplied to the opposite counsel.
(Balwant Rai Bansal)
District Judge-05, NDD,
PHC/ND/17.03.2025
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