RAJEEV KUMAR DUBEY
Jalso Bai – Appellant
Versus
Surendra Kumar – Respondent
ORDER
1. Heard on I.A.No.3211/2021, which is an application for ignoring the objection raised by the registry of this Court regarding payment of deficit court fees.
2. Brief facts of the case which are relevant for disposal of aforesaid application are that the appellants filed this Miscellaneous Appeal against the award dated 22.1.2021 passed by MACT, Mandla in Claim Case No.778/2018 for enhancement of compensation awarded by the Claims Tribunal to the applicants. This Miscellaneous Appeal is for enhancement of a sum of Rs.6,00,000/-. Office put the objection that appeal is not maintainable without payment of Court fees on that enhanced amount i.e. Rs.6,00,000/-. Present application has been filed for overruling that objection.
3. Learned counsel for the appellants submitted that according to Article 11 of Schedule II of the Court Fees Act 2.5% Court fees should be paid on the enhanced amount. The amount claimed by the appellants in the appeal cannot be called as enhanced amount, but the enhanced amount will be such as would be given by the Court after adjudication of the claim of the appellants. Registry wrongly demanded 2.5% Court fees on the amount which is claimed by the appellan
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.