EDWIN COE LLP vs NASEIM AHMED SARFRAZ S — 2022 CLC 1064 ISLAMABAD

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EDWIN COE LLP VS NASEIM AHMED SARFRAZ S.35 [as amended by Costs of Litigation Act (XVII of 2017)]---Cost of litigation---Determining factors---Appellant was aggrieved of awarding cost during execution proceedings---Plea raised by appellant was that Executing Court did not consider factors to award costs---Validity---While granting costs under S.35, C.P.C., Court needed to determine that actual costs of litigation claimed were reasonable and cost award was fair to successful party as well as the losing parting---In determining quantum of cost of litigation award, principle of proportionality had to remain a guiding consideration---Court must consider whether costs incurred were justified in circumstances of the case---Costs claimed and awarded must be fair and reasonable taking into account complexity of matter, time that ought to have been expended by reasonable and conscientious attorney (including human resources of a law firm that were required to be employed in relation to the matter), experience of attorney and reasonable fee that litigant would pay to such attorney without knowing whether or not such fee would be recoverable, given that the outcome in litigation could never be predicted with absolute certainty--- Executing Court did not determine actual costs of litigation incurred by appellant in execution proceedings pending before it---Costs awarded by Executing Court was neither actual cost incurred as claimed by appellant nor was supported by any reasoning as to how such amount was calculated or what part of cost claim was disallowed by the Court and why--- High Court set aside order of Executing Court to the extent of award of costs to appellant and remanded the matter to determine actual costs of litigation incurred by appellant in relation to execution proceedings pending before Executing Court and not costs incurred in relation to proceedings before another Court such as High Court and Supreme Court--- Appeal was allowed accordingly.

EDWIN COE LLP vs NASEIM AHMED SARFRAZ S — 2022 CLC 1064 ISLAMABAD

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