LAWS(MAD)-2009-1-236

SHREE JAJOO INSTRUMENTS MANUFACTURING CORPORATION A Vs. TAMILNADU ELECTRICITY BOARD HAVING THE REGISTERED OFFICE AT NPKRR MAALIGAI 4TH FLOOR 800 ANNA SALAI

Decided On January 29, 2009
JAJOO INSTRUMENTS MANUFACTURING CORPORATION, A PARTNERSHIP FIRM DULY REGISTERED UNDER THE PROVISIONS OF INDIAN PARTNERSHIP ACT, 1932 AND CARRYING ON BUSINESS-AT P/2, SHREE LAXMI INDUSTRIAL ESTATE, NEW LINK ROAD, ANDHERI (WEST), MUMBAI Appellant
V/S
TAMIL NADU ELECTRICITY BOARD HAVING THE REGISTERED OFFICE AT NPKRR MAALIGAI, 4TH FLOOR, 800 ANNA SALAI, CHENNAI Respondents

JUDGEMENT

(1.) THE plaintiff filed a suit on the file of the High Court of Judicature at Bombay in Suit No.1889 of 2002 praying for recovery of a sum of Rs.19,42,461/- together with interest at 18% per annum. THE plaint was returned by the High Court of Bombay, by virtue of an order dated 24.7.2003 passed by the Court, directing the plaintiff to re-present it before the appropriate Court.

(2.) IN pursuance of the aforesaid, the plaintiff re-presented the suit to this Court. On an examination of the plaint and the documents, the Registry found that a Court Fee of Rs.22,950/- was payable on the plaint, in terms of Section 22 of the Tamil Nadu Court Fees and Suits Valuation Act, read with Appendix I-A of the High Court Fees Rules, But the plaintiff had already paid a Court Fee of Rs.37,245/-, when it was filed in the High Court of Bombay. Therefore, the plaintiff did not pay any Court Fee while re-presenting the same before this Court.

(3.) I have heard of Mr. S. Vijayaraghavan, learned counsel for the plaintiff.