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Judgment
The present petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 03.01.2024, whereby, learned Appellate Tribunal-MCD has declined to waive the cost.
Shri Ashutosh Gupta, learned counsel for MCD appears on advance notice.
The attention of the Court has been drawn towards order dated 31.05.2024 passed by this Court in various other similar matters.
In all those matters also, the concerned petitioner had raised the same grievance regarding declining of the waiver of the cost by the learned Tribunal and this Court keeping in mind the reasons assigned, set aside the order directing imposition of cost Rs. 3,000/-.
In the present case also, the relief is confined with respect to the cost of Rs.3,000/- which was imposed by the learned Tribunal on 19.04.2024.
It is also submitted that on that day, the counsel for the appellant could not appear before the Appellate Tribunal as his mother was hospitalized and was admitted in ICU. Unfortunately, she, later on, expired.
Learned counsel for the respondent has left it to discretion of this Court to pass appropriate order.
Keeping in mind the facts placed before the Court and the fact that the non appearance was neither deliberate nor intentional, the present petition is disposed of with the direction that the cost of Rs. 3,000/-, as imposed by the learned Tribunal vide order dated 19.04.2024, stands waived.
Pending applications, if any, also stand disposed of.