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2012 Supreme(Bom) 1896

R.M.SAVANT
Indrapuram Resort Apartments, Through Partners, M. R. Ashok G. Khushalani – Appellant
Versus
Ramniklal A. Jain – Respondent


Advocates Appeared:
For the Petitioners:Dushyant Purekar, Advocate.
For the Respondent: None.

Judgment

1 The above group of Petitions raises a common issue and involves identical facts and are, therefore, heard together.

2 In one of the Writ Petitions out of the above group being Writ Petition No.2368 of 2012, Rule came to be issued on 16th April, 2012 and further proceedings in the concerned Suit came to be stayed. The rest of the 30 Petitions had come up for admission thereafter and in view of the Rule issued in the said Writ Petition No.2368 of 2012, it was ordered that the entire group of 31 Petitions would be heard finally which included the 30 Petitions which are pending admission. Hence Rule to issue in the said 30 Petitions made returnable forthwith and heard.

3 In spite of the notice of final disposal, the Respondent is not appearing and is also not represented.

4 The short question which arises in the above group of the Petitions is whether the Petitioner is liable to pay Court Fees under Section 6(iv) (j) of the Bombay Court Fees Act, 1959 or 6(v) of the said Act. For the sake of convenience Writ Petition No.2368 of 2012 is treated as a lead matter. The facts necessary to be cited for adjudication of the above Petitions are therefore taken from the said Petition.


























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