The meaning is plain. In an action under the Commercial Courts Act, costs follow the event. The losing party pays. If it is not to pay, i.e., if an order of no costs is to be made, then reasons are required. The conduct of the parties is relevant, including the gravity or frivolity of the claim, and whether or not judicial time is wasted. The earlier cap on compensatory costs is removed. The statutory intent is equally plain: no litigant in the commercial division can ordinarily escape a litigation loss without an accompanying order of costs. The amendment contemplates actual costs and compensatory costs both. {Para 36}
IN THE HIGH COURT OF BOMBAY
Notice of Motion (L) No. 693 of 2017 in Suit (L) No. 196 of 2017
Decided On: 21.03.2017
Dashrath B. Rathod and Ors. Vs. Fox Star Studios India Pvt. Ltd. and Ors.
Hon'ble Judges/Coram:
G.S. Patel, J.
Citation: 2018(1) MHLJ 474, MANU/MH/0490/2017.
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