APPLICATION UNDER SECTION 151 OF CPC TO BE FILED BEFORE THE HON’BLE DEBT RECOVERY

TRIBUNAL FOR WAVING OF THE COST IMPOSED ON DEFENDANT VIDE ORDER PASSED BY THIS
HON’BLE TRIBUNAL

BEFORE THE DEBTS RECOVERY TRIBUNAL – III: NEW DELHI

I.A. NO. OF 2017

IN
O.A. NO. 589 OF 2016

IN THE MATTER OF: -

KOTAK MAHINDRA BANK …APPLICANT

VERSUS

M/S R.P. MALHAN & COMPANY PVT LTD

& OTHERS …DEFENDANTS

D.O. H. 25-9-2017

APPLICATION UNDER SECTION 151 OF CPC FOR WAVING OF THE

COST IMPOSED ON DEFENDANTS NO. 1 VIDE ORDER DATED 09 TH
AUGUST 2017.

MOST RESPECTFULLY SHOWETH: -

1. That the present matter is pending before this Hon’ble Tribunal and the

same is listed for 25-09-2017 for arguments on the application u/s. 5 & 8 of

the Arbitration and Conciliation Act, 1996.

2. That in the present matter the Defendant no. 1 has filed an application U/s. 5

& 8 of the Arbitration and Conciliation Act and the said application is fixed

for arguments. It is submitted that the present matter was listed before this

Hon’ble Tribunal on 09th August 2017 and due to heavy board some of the

matters were adjourned and the next date of hearing was mentioned in the

cause list of this Hon’ble Tribunal. It is further submitted that said list

mentioning the next date of hearing in the said matters was pasted at the

cause list board of this Hon’ble Tribunal. It is further submitted the present
 matter was listed at the serial no. 32 of in the cause list on 09-08-2017.It is

further submitted that the present matter was also adjourned in the morning

and the date was duly mentioned in the cause list as 26-09-2017. The copy

of the Cause list showing the next date is annexed herein as Annexure-1.

3. That the counsel for the defendant has enquired it from the court master who

has stated that the matters which are already adjourned would not be taken

up for hearing by the ld. Presiding Officer. Hence the counsel for the

defendant no. 1 has left the court premises. But the associate of the ld.

Counsel for the defendant no. 1 was there in some other matter.

4. That after sometime the present matter was called for hearing although the

same was already adjourned and the date was also mentioned in the cause

list as well. It is submitted that the associate of the ld. Counsel for the

defendant no. 1 had apprised to this Hon’ble Tribunal that the ld. Counsel

was there in the morning to argue the said application but he left only after

founding the fact that the matter was adjourned for 26-09-2017 and prayed

for a short pass over to call the main counsel to which this Hon’ble Tribunal

declined to pass over the same due to the heavy work, as this Hon’ble

Tribunal is looking after the work both DRT-II & DRT-III. The matter was

adjourned to 25-06-2017 instead of 26-09-2017 which was earlier adjourned

in the morning.

5. It is further submitted that this Hon’ble tribunal has granted the last

opportunity to argue the application but there was no order or cost at the

time of pronouncing the order. It is further submitted that the ld. Counsel for

the defendant has obtained the certified copy of the order and then only he

came to that this Hon’ble Tribunal inadvertently imposed a cost of Rs.

 10,000/- on the Defendant no. 1 although there was no fault on the part of

the defendant no. 1 on the said date.

6. That the non-availability of the Ld. Counsel for the defendant on the said

date was neither intentional nor deliberate but the same was bonafide as the

ld. Court master has mentioned the date in the morning and told the ld.

Counsel that the matter would not be taken up for hearing on the said date.

7. Hence, in view of the abovesaid facts and circumstance the cost of Rs.

10,000/- imposed upon the defendant no. 1 may kindly by waived.

8. That present application is made in the interest of justice and the same is

most bonafide one.

 PRAYER

IT IS MOST RESPECTFULLY PRAYED AND HUMBLY REQUESTED

THAT THIS HON’BLE TRIBUNAL MAY BE PLEASED TO ALLOW THIS
APPLICATION:

a) Pass an order to allow the present application and waive the cost of
Rs. 10,000/- imposed upon the Defendant no. 1 vide order dated 09 th August
2017;

b) Pass any such other or further order which this Hon’ble Tribunal may deem
fit and proper in the facts and in the circumstances of the case and in the
interest of the justice;

Defendant no. 1

M/s. R.P. Malhan & Company Pvt. Ltd. (OPC)

Registered Address at 9, Raj Niwas Marg,
New Delhi-110054
Through its Director Raman Kapur

Through

LEX STABILIS®
ADVOCATES & SOLICITORS
SUNIL CHOUDHARY
ADVOCATE
K-5, Basement, Lajpat Nagar-III
Place: New Delhi-110024.
New Delhi
 BEFORE THE DEBTS RECOVERY TRIBUNAL – III: NEW DELHI

I.A. NO. OF 2017

IN
O.A. NO. 589 OF 2016

IN THE MATTER OF: -

KOTAK MAHINDRA BANK …APPLICANT

VERSUS

M/S R.P. MALHAN & COMPANY PVT LTD

& OTHERS …DEFENDANTS

AFFIDAVIT

I, Raman Kapur, S/o Shri Raj Kumar Kapur, aged about 54 years, registered
address at 9, Raj Niwas Marg, New Delhi-110054, presently at Gurgaon, do hereby
solemnly affirm and declare as under:-

1. That I am the Director of the Claimant Company in the above noted Claim
and am conversant with the facts of the case and competent to affirm this Affidavit.

2. That the accompanying application has been drafted by my Counsel on my

instructions and the contents of the same are not being reproduced here for the sake
of brevity but those may kindly be read as part and parcel of this Affidavit.

DEPONENT

VERIFICATION:

Verified at Gurgaon on this ___ day of September, 2017 that the contents of above
Affidavit are true and correct to my knowledge and belief, no part of it is false and
nothing material has been concealed therefrom.

DEPONENT
 BEFORE THE DEBTS RECOVERY TRIBUNAL – III: NEW DELHI

I.A. NO. OF 2017

IN
O.A. NO. 589 OF 2016

IN THE MATTER OF: -

KOTAK MAHINDRA BANK …APPLICANT

VERSUS

M/S R.P. MALHAN & COMPANY PVT LTD

& OTHERS …DEFENDANTS

INDEX
SR. NO. PARTICULARS PAGES
1. Application for waiver of cost
alongwith supporting affidavit.

2. Annexure-1.
Copy of the cause list dated 09-08-2017.

Defendant no. 1

M/s. R.P. Malhan & Company Pvt. Ltd. (OPC)

Registered Address at 9, Raj Niwas Marg,
New Delhi-110054
Through its Director Raman Kapur

Through

LEX STABILIS®
ADVOCATES & SOLICITORS
SUNIL CHOUDHARY
ADVOCATE
K-5, Basement, Lajpat Nagar-III
Place: New Delhi-110024.
New Delhi