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2002 Supreme(Bom) 351

J.A.PATIL
BERNER SHIPPING INC and another – Appellant
Versus
Kala Ramchandran – Respondent


JUDGMENT - J.A. PATIL, J.:---The plaintiffs have taken out this chamber summons and prayed for setting aside the order dated 20th October, 2000 passed by the learned Taxing Master, High Court, Mumbai directing the plaintiffs to pay Court fee of Rs. 75,000/- on prayer (f) of the plaint. The learned Taxing Master overruled the plaintiffs' contention that the suit falls under section 6(iv)(j) of the Bombay Court Fees Act, 1959 (for short, the Act) and ruled that it falls under Article 7 of Schedule I of the said Act. It is the plaintiffs contention that the subject-matter of the suit is not susceptible to the monetary evaluation. They have, therefore, paid the Court fees on the footing that the value of the subject-matter of the suit is Rs. 600/- under section 6(iv)(j) of the Act. The short question which therefore, arises for the decision in this chamber summons is whether the present suit falls under section 6(iv)(j) of the Act or under Article 7 of Schedule I of the Act.

2. In (Gulam Mohamed Mohamed Yunus v. Lalchand Chellaram others)1, A.I.R. 1976 Bombay 389, the Division Bench of this Court has pointed out the distinction between the provisions of section 6(iv)(j) and Article 7



































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