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Waiver Application

The plaintiff Kanta Yadav is requesting the court to waive a Rs. 3000 cost imposed on her for failing to appear on a previous hearing date. Her counsel had been ill for some time, and she was unaware of the hearing date. Unfortunately, her counsel recently passed away. The plaintiff is now appearing before the court in person to request that the cost be waived, as her and her counsel's non-appearance was non-intentional and due to the described circumstances. She files this application in good faith and prays that the court waive the Rs. 3000 cost imposed in the interest of justice.
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100% found this document useful (1 vote)
909 views2 pages

Waiver Application

The plaintiff Kanta Yadav is requesting the court to waive a Rs. 3000 cost imposed on her for failing to appear on a previous hearing date. Her counsel had been ill for some time, and she was unaware of the hearing date. Unfortunately, her counsel recently passed away. The plaintiff is now appearing before the court in person to request that the cost be waived, as her and her counsel's non-appearance was non-intentional and due to the described circumstances. She files this application in good faith and prays that the court waive the Rs. 3000 cost imposed in the interest of justice.
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IN THE HON’BLE COURT OF SH. RICHA GUSAIN SOLANKI LD.

ASCJ CUM JSCC DWARKA COURTS, SOUTH WEST-NEW DELHI


CS SCJ 303/2019

In the matter of:

KANTA YADAV …PLAINTIFF

Versus

MOHAN SINGH AND ANR …DEFENDANT

N.D.O.H. -26.04.2022
L.D.O.H. - 09.03.2022

APPLICATION FOR WAIVER OF COST IMPOSED ON THE


PLAINTIFF NAMELY SMT. KANTA YADAV

Most Respectfully Showeth:-

1. That the above mentioned matter is pending for adjudication before the Hon’ble

Court and the same is fixed for hearing today i.e. 26.04.2022.

2. That since last few months the counsel of the Plaintiff was not keeping well due

to which the Plaintiff and her counsel were not able to communicate and

Plaintiff was not aware about the date of hearing due to which the neither

Plaintiff nor her Counsel appeared before the Hon’ble Court on last date of

hearing i.e. 09.03.2022.


3. That unfortunately due to the ongoing medical issues the Ld. Counsel for the

Plaintiff passed away last week due to which Plaintiff is present in person

before this Hon’ble Court today.

4. That on 22.12.2021 the Hon’ble Court had imposed a cost of Rs. 3000/- on the

Plaintiff for non appearance before the Hon’ble Court.

5. That the non appearance of the Plaintiff and her Counsel had neither intentional

nor deliberately but due to above mentioned reason.

6. That the present application is filed with bonafide intention.

7. That hence the present application is filed for waiver of cost Rs. 3000/- on the

Plaintiff and her counsel, which imposed vide order dated 22.12.2021.

PRAYER
Therefore it is most respectfully prayed to this Hon’ble may kindly waive off
the cost of Rs. 3000/- on the Plaintiff in the interest of justice.

Plaintiff

Date :- 26.04.2022
Place :- Delhi                                                                              

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