KRISHAN KUMAR Vs. STATE

JUDGEMENT

(1.) The present appeal is filed by the respondents against the order dated 20th December 2011 passed by the Joint Registrar in the application of the petitioner under Order 33 of the Code of Civil Procedure holding that the petitioner does not have the means to pay the court fee ad valorem on the claim amount of Rs. 1 crore.

(2.) It is the contention of the petitioner that he applied to respondent no. 3 for running a coal depot on 29.12.1997 for which he was required to deposit a sum of Rs. 500/- as security deposit for issue of retail license. The petitioner deposited the security deposit in the Post Office in favour of Commissioner Food & Supply, Delhi. The petitioner was allotted coal shop at premises no. 840/6, Chirag Delhi, New Delhi on rent. The petitioner ran the coal business in the name and style of K.K. Coal Depot as its sole proprietor.

(3.) It is the contention of the petitioner that after 07.04.1991 the coal supply was abruptly stopped by respondent no. 3 without any just and sufficient cause. However, the license issued by respondent no. 3 to the petitioner was renewed continuously year to year on payment of renewal fees till 1996 with assurances given to the petitioner that the supply of soft coal would be resumed soon. It is the contention of the petitioner that in the year 1995 a press communiqu was issued by the respondent no. 3 which was published on 13.01.1995 in almost all the leading newspapers which stated that the supply of soft coal would be resumed if the petitioner/ license holder deposit a sum of Rs. 13,000/- per truck as an advance upto 15.02.1995 for supply of three months from Jan, 1995 to March, 1995. It is further the contention of the petitioner that on contacting the respondent no. 3 after publication of the abovementioned circular, the respondent no. 3 informed the petitioner that he is not in a position to requisition soft coal. The petitioner contends that even after this, his license was renewed on 12.11.1996.