SANJEEV KUMAR JAIN Vs. RAGHUBIR SARAN CHARITABLE TRUST

JUDGEMENT

(1.) Notice had been issued limited to the question whether a sum of Rs. 45,28,000/- could be awarded as costs in an appeal against a vacating temporary injunction in an injunction suit. Leave is granted in regard to that aspect only.

(2.) The Appellant is a tenant under the Respondents in regard to a first floor unit bearing No. E-67 Connaught Place, New Delhi. He was also a tenant under the Respondents in respect of a mezzanine floor unit bearing No. E-11 of the said building situated below the first floor tenement. When he was a tenant of both these portions, the Respondents granted permission on 4.7.1986 to the Appellant to put up an internal staircase connecting the mezzanine floor with the first floor. The Respondents initiated proceedings for eviction of the Appellant in regard to mezzanine floor unit and obtained vacant possession thereof. Even after vacating the mezzanine floor unit, the Appellant claimed a right to use the staircase which had been constructed in the mezzanine floor unit to reach the first floor unit. In that behalf, he filed a suit for permanent injunction to restrain the Respondents from obstructing him from using the said staircase to reach the first floor unit. Interim protection was given in favour of Appellant on 30.12.2003. The said interim order was vacated on 8.11.2004. Feeling aggrieved, the Appellant filed an appeal. The appeal was pending for nearly six years. During the final hearing of the appeal, the Division Bench appears to have suggested to the parties that as the dispute was purely a commercial dispute, the party succeeding in the appeal should be entitled to the litigation expenses from the party who did not succeed. Both counsel, agreed to the said proposal in principle and the court made the following order on 21.12.2009:

(3.) The only question for consideration is the legality and validity of the order of the High Court directing the Appellant to pay costs of Rs. 45,28,000/- to the Respondents.