SANJEEV KUMAR JAIN Vs. RAGHUBIR SARAN CHARITABLE TRUST

JUDGEMENT

(1.) The importance of this decision lies not in any substantial question of law having been decided - indeed, no question of law was urged before us, only issues touching upon facts. The importance lies in the nature of the dispute between the parties, which is a purely commercial dispute in which litigation expenses have touched the sky. In our opinion, the only way in which a successful litigant can be compensated financially is by awarding actual costs incurred by him in the litigation. The Supreme Court has recommended this course of action and we think the time has come to give more than serious weight and respect to the views of the Supreme Court. We have endeavoured to do just that in this appeal by awarding to the Respondents the actual litigation expenses incurred by them, which is a staggering Rs. 45,00,000/-.

(2.) The Appellant is aggrieved by an order dated 8th November, 2004 passed by a learned Single Judge in I.A. No.227/2004 in CS (OS) No.2213/2003. By the impugned order, it was held that the Appellant (Plaintiff before the learned Single Judge) had failed to make out a prima facie case for continuation of the ex parte ad interim order earlier passed in his favour.

(3.) The Appellant was a tenant of the Respondents in respect of a shop on the mezzanine floor of 11-E, Connaught Circus, Connaught Place, New Delhi. This tenancy was created in 1970.