AMRELI MUNICIPALITY Vs. INSPECTING OFFICER COURT FEES BHAVNAGAR

JUDGEMENT

(1.) . The petitioner-Municipality is aggrieved by the order of the trial Court regarding payment of Court fees. The petitioner-Municipality had filed a suit for declaration and injunction that the notice dated May 15, 1990 issued by the Gujarat Electricity Board, was illegal and void and so also the letter dated May 30, 1990 demanding dues and threatening disconnection. By these notices marks 4/3 and 4/5, the defendant-Gujarat Electricity Board had demanded the electricity dues amounting to Rs. 6,96,135.33 on account of street light and Rs. 11,76,461.90 on account of water supply. This demand was also made in the letter dated May 15, 1990 at mark 4/3.

(2.) . The suit was valued at Rs. 300.00 for the purpose of declaration and injunction and the fixed Court fee of Rs. 30.00 was affixed under Sec. 6 (iv)(j) of the Bombay Court Fees Act.

(3.) . The Court Fee Inspector had made an application to the Court which was registered as Court Fee Reference No. 1 of 1990 contending that the suit cannot be valued under Sec. 6(iv)(j) and that the suit was capable of monetary evalution because there was specific challenge to a demand of a specified amount exceeding Rs. 19 lacs. The demand consisted of two bills. The Court Fee Inspector contended that the two bills were separate bills and separate cause of action and, therefore, they were required to be valued separately and, therefore, the Court fee of Rs. 23,400/- was payable being Court fee of Rs. 9,300.00 on the bill of Rs. 6.96 lacs and odd and Rs. 14,100.00 in respect of the bill of Rs. 11.76 lacs and odd. The trial Court accepted the contention and directed the plaintiff to pay the deficit Court fees of Rs. 13,370.00 under Sec. 12(6) of the Bombay Court Fees Act.