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1991 Supreme(Bom) 249

G.D.PATIL
Betel Stores by Proprietor Krishna Bonde – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT - PATIL G.D., J.:---Rule made returnable forthwith. Head learned Counsel for the respective parties.

2. This is the revision under Rule 4(v) of Chapter V of the Bombay High Court Rules, 1960, read with section 115, Civil Procedure Code against the decision dated 26-3-1991 of the Taxing Officer of the High Court of Judicature at Bombay, Nagpur Bench, Nagpur (for short referred to as "the High Court") in first Appeal Stamp No. 25947 of 1990, holding that the Court fee paid by the applicant-appellant is inadequate and directing him to pay the deficit Court fee of Rs. 15/- on the Memo of Appeal filed under section 23(1) of the Railway Claims Tribunal Act, 1987. The applicant had filed the claim petition under section 16 of the Railway Claims Tribunal Act, 1987, (for short "the Act"), seeking relief in respect of the matter referred to in sub-section (1) of section 13 of the Act. The Railway Claims Tribunal by its order dated 4-10-1990, rejected the petitioner's claim to the extent of Rs. 634.82. As against this rejection of the applicant's claim to the extent of Rs. 634.82 by the Railway Claims Tribunal, the applicant filed the appeal under section 23 of the Act, to this Court









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