SHASHI KUMAR MOHATA Vs. BANK OF INDIA

JUDGEMENT

(1.) This appeal was listed in the cause list of For Orders on 15th September, 2010 when no one attended the hearing. Hence, it was adjourned to today. Today also, no one has attended the hearing.

(2.) By way of present Appeal from Order, the appellant has challenged the order dated 29.01.2004 whereby the learned trial Court recorded that though the appellant-original plaintiff was directed to declare the value of the shares and pay the court fee accordingly, the appellant-original plaintiff had failed to comply with the said direction. In other words, the appellant-original plaintiff failed and ignored to pay proper and sufficient court fee, as required by law, on the basis of the valuation of the suit property viz. shares. Considering the fact that there was short payment of court fee, the learned trial Court on 02.01.2004 passed below mentioned order:- The present plaintiff has filed this suit to restrain the defendant from transferring the shares. However, the plaintiff has not mentioned the price of the shares, but in any way, the plaintiff wants to restrain the defendant from selling the shares. He also wants to restrain the defendant for the damages caused to him. Though objection is taken by the office, the plaintiff has not provided any data regarding the price of the shares.

(3.) It is also held in the latest judgment by our own Hon'ble High Court, reported in 2001(2) GLR 1745 wherein it is held that where a suit is filed for an injunction restraining the defendants from recovering a definite sum of money, court fee is payable as per Article 7 of Schedule I and not under Sec.6(iv)(j). Hence, I pass the following order. ORDER The plaintiff is directed to declare the price of the shares mentioned in the plaint and further he is also directed to pay the court fee on the said amount. If the plaintiff is failed to pay court fee as ordered by this court on or before 21-1-2004, the office is directed to reject the plaint, for want of court fee.