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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR

CIVIL APPLICATION (CAF) NO.764 OF 2015

IN

FIRST APPEAL STAMP NO. 25369 OF 2014

(Pravin Murlidhar Deshmukh & others Vs. The Executive Engineer, VIDC, Bembla Project & others)

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Office Notes, Office Memoranda of Coram,

Court's or Judge's orders

appearances, Court's orders of directions

and Registrar's orders

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Shri S. U. Nemade, Advocate for the applicant-appellant.

CORAM : B. R. GAVAI AND

INDIRA K. JAIN, JJ.

DATED : 04 AUGUST, 2015

The applicants/appellants have filed this application for

grant of temporary exemption for payment of deficit court fees. The

learned counsel for the applicants states that they have not been

paid any amount towards compensation and they are from poor

family. It is, therefore, submitted that the temporary exemption be

granted to the applicants for payment of deficit court fees at least till

the compensation in part is paid to the applicants.

The Hon’ble Apex Court has come down heavily on the

State of Maharashtra in the case of Ambya Kalya Mhatre (dead)

L.Rs. and others .vs. State of Maharashtra, reported in 2012 (1)

Mh.L.J. Page 9, since it is the only State of Maharashtra wherein

the court fees are required to be paid in such matters. In that view

of the matter, we find that it would be in the interest of justice to

grant relief as prayed for in the application. The application is,

therefore, allowed. The applicants are granted temporary exemption

for payment of the deficit court fees till they receive part of the

compensation from the respondents.

JUDGE JUDGE

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