Judgment 1. Re : I A No. 3103 of 2000 This interlocutory application has been filed for recall of the order dated 28.4.2000, whereby costs quantified at Rs. 5000/- was inflicted on respondent no. 3 (Hindustan Petroleum Corporation), for the reason that counsel for respondent no. 3 had prayed for adjournment after the case was taken up tor hearing, to enable him to file counter affidavit. This Court showed extra-ordinary indulgence to respondent no. 3 and agreed to adjourn the matter at that stage on payment- of costs. Instead of gracefully acknowledging the indulgence shown to respondent no. 3, I say extra-ordinary indulgence, respondent no. 3 has filed this interlocutory application for recall of the order. Trying to explain as to under what circum stances the delay took place in filing the counter affidavit, learned counsel has argued in a manner as if it were an application under section 5 of the Limitation Act. This Court records its displeasure against the conduct of respondent no. 3 for having filed this interlocutory application for recall of the order inflicting costs. It completely overlooks the hoary practice that the incidence of costs is never objected, nor the quantification, at the time the order to that effect is passed, let alone at a later stage as in the present case. Respondent no. 3 has woefully failed to realise that it was open to the Court to proceed with the hearing of the case on the basis of the pleadings on record, but agreed to adjourn the matter condoning the grave dereliction on the part of respondent no. 3 in filing the counter affidavit on payment of a nominal cost of Rs. 5000/-. The Courts time as well as the efforts of the other side, on both the days have gone in vain. The order dt. 28.4.2000 has no reflection on the merits of the case. I fail in my words to record my condemnation adequately for such a mindless act. 2. In the circumstances stated above, this interlocutory application is hereby rejected, and respondent no. 3 is hereby directed to pay further costs quantified at Rs. 10,000/- payable to the learned counsel for the petitioner within the period granted by this Court earlier by order dated 28.4.2000, for having engaged this Court in such a frivolous application.