1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 1160 OF 2010 Arvindbhai Bapalal Thakkar -: versus :- Dhirubhai B. Thakkar and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : APRIL 13, 2010. Heard finally by consent of Shri M.Anilkumar, learned counsel for petitioner, Shri A. Parchure, learned counsel for respondent no.1 and learned A.G.P. for respondent State. Applications moved by the petitioner/defendant have been allowed and documents are taken on record, subject to payment of cost of Rs. 20,000/- on Exh.150 and Rs. 10,000/- on Exh.127. Learned counsel for petitioner/defendant argues that as documents were found necessary for adjudication, the trial Court has accepted the documents on record, but then cost imposed are exorbitant. He contends that on similar application moved by respondent / plaintiff cost of Rs. 3000/- were only imposed. He further points out that other defendant also moved similar application and adopted arguments of counsel for petitioner before the trial Court. The trial Court allowed the application by taking the documents on record without imposing any cost. 2 Learned counsel for respondent no.1 / original plaintiff argues that the Special Civil Suit is of the year 2001 and already expedited by this Court. The trial Court has noted that the documents were already in possession of petitioner and there was no reason as to why the same could not be filed earlier. In view of this, the trial Court has imposed cost in its discretion and this Court therefore should not interfere. The discretion available to the trial Court cannot be denied. The facts also show that the trial Court has found documents essential and therefore has permitted petitioner / defendant to file the same. The use of discretion shows that in case of one defendant no costs what so ever are saddled in some what similar situation. Application by respondent no.1 / plaintiff has been allowed only with cost of Rs. 3000/-. In this situation I am inclined to scale down the cost of Rs. 20,000/- to Rs. 3,000/-. Petitioner has already paid cost of Rs. 10,000/- imposed as per orders dated 21.01.2010 below Exh.127. As costs are already paid in terms of the said order, it will not be proper now to interfere in Writ Petition, hence that quantum of cost and order cannot be interfered with in writ jurisdiction. In view of that payment, cost of Rs. 20,000/- imposed vide order dt. 25.02.2010 below Exh.150 is scaled down to Rs. 3000/-. The impugned order dated 25.02.2010 passed below Exh.150 is modified to that extent. The time to pay cost of Rs. 3000/- as per orders passed below Exh.150 is extended till 21.04.2010. Writ Petition is allowed. Rule accordingly. JUDGE Rgd.