JUDGMENT - H.L. GOKHALE, J.:---The plaintiff herein, a woman litigant, has filed this summary suit for recovering the amount advanced by way of a loan to the defendant company. The plaintiff has sought a decree for the sum of Rs. 1,06,375/- together with interest at the rate of 18% per annum on the principal claim of Rs. 70,000/- from the date of filing of the suit till payment and/or realization. The plaintiff has not paid any Court fee on the plaint and it is averred in para 12 of the plaint as follows :-

"The plaintiff being a female litigant in the present suit is exempted from payment of Court fees and hence no Court fees have been paid."

This suit has been lodged on 3rd April 1998 and the plaintiff is seeking to proceed with the suit without payment of the Court fees in view of the then prevailing Notification dated 1st October 1994 issued by the Government of Maharashtra invoking the powers conferred under section 46 of the Bombay Court Fees Act, 1959 remitting the fees payable by women litigants in certain circumstances.

2.The suit was duly numbered without payment of Court fees. After service of the Writ of Summons on the defendant, appearance was filed on their behalf. Hence

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