2021 (3) TMI 1255 - HC - Companies Law

Cost imposed by Court which is not yet deposited - HELD THAT - There are no reason to entertain the present LPA as no conclusive determination of rights and liabilities of the parties have been decided. This LPA is accordingly dismissed along with the pending application with costs of 10, 000/- to be deposited by the appellant (original petitioner) with the Member Secretary Delhi State Legal Service Authority within four weeks from today. The amount deposited will be use by Member Secretary DLSA for Access to Justice programmes. Learned counsel for the appellant is directed to take instructions with regard to various matters for the next date of hearing - the Registry of this Court is directed to list this LPA on 12th April 2021 to report compliance of the order.

Summary

Issues involved:
1. Appeal against interim order dated 8th February, 2021
2. Imposition of costs on the appellant in various matters

Issue 1: Appeal against interim order dated 8th February, 2021
The appeal was filed by the original petitioner in W.P.(C) No. 376/2021 against an interim order dated 8th February, 2021. The learned Single Judge had directed the petitioner to file an affidavit within two weeks indicating the connection with the company subject to the audit by respondent No.3. The appellant was aggrieved by this order. However, upon review, the court found that no conclusive determination of rights and liabilities had been made. Therefore, the appeal was dismissed, and costs of ?10,000 were imposed on the appellant to be deposited with the Member Secretary, Delhi State Legal Service Authority within four weeks for "Access to Justice" programs.

Issue 2: Imposition of costs on the appellant in various matters
During the proceedings, it was revealed that the appellant had not deposited costs imposed by the court in previous matters. The learned Senior Counsel highlighted four instances where costs had been imposed but not paid by the appellant. The costs ranged from ?10,000 to ?1,00,000 and were directed to be deposited with the Delhi High Court Legal Services Committee within specified timeframes. The court directed the appellant's counsel to inquire about the pending costs and listed the matter for compliance on a future date. Additionally, a copy of the order was to be sent to the Member Secretary, Delhi State Legal Services Authority for further action.

This judgment addresses the dismissal of an appeal against an interim order and the imposition of costs on the appellant for non-compliance with previous court orders. The court emphasized the importance of adhering to court directives and fulfilling financial obligations promptly. The detailed analysis of the issues involved provides clarity on the legal consequences of non-compliance and the significance of upholding court decisions.