Delhi High Court Accepted Litigant’s Apology For Non-Disclosure Of Order Before Lower Court, Sets Aside Order Imposing Cost Noting There Was No Malice

The Delhi High Court in the case Maps Creation Private Limited v. M/s English Premium and Ors observed and has accepted the litigant’s unconditional apology for failing to produce the court’s stay order before the District Judge at the time of listing for final arguments.
The bench headed by Justice Tushar Rao Gedela in the case observed and has stated that the mistake is a serious one since order of the higher Court ought to have been necessarily communicated to the Court upon which the said order would have been binding.
The court in the case observed that the applicants are young Advocates who are at the nascent age of their practice and are stated to be first generation lawyers.
The court stated that the error was bona fide inasmuch as, no benefit would have accrued to them or their clients by concealing the said order.
The court in the case observed and has earlier granted ex-parte stay in the petitioner’s favour, but the relevant order was not placed before the District Judge.
The court stated that the der was brought to the notice of the District Judge, who issued Show-Cause Notices to the applicants or the counsels of them for non-disclosure, noting that it was a serious issue.
Therefore, the applicant in the case tendered their unconditional apology, but the District Judge was of the view that the apology shall be subject to directions of the Delhi High Court.
However, the applicant approached the Delhi High Court tendering their unconditional apology, when taking a lenient view.
The bench headed by Justice Gedela in the case observed that it would be benevolent to accept the unconditional apology tendered by the applicants.
Therefore, the said court is of the opinion that the said apology is genuine and without any malice.
The court while considering the facts and circumstances of the case set aside the passed by the District Judge, whereby cost of INR 20,000 was imposed personally on the applicants.