NANDKUMAR KHAIRAM KALATI Vs. ATLANTIC APPARELS

JUDGEMENT

(1.) By praecipe dtd. 30/8/2023 filed on behalf of the Plaintiffs, this suit was circulated as the Registry had raised certain objections on 19/5/2023 and one of the objections raised was that separate Court Fees for separate claim in respect of each of the Plaintiffs claim-wise was to be paid.

(2.) When the matter was listed on 5/9/2023, following order was passed:-

(3.) Thereafter, on 12/9/2023, Mr. Haresh Jagtiani, learned Senior Counsel has appeared and reiterated the submissions made earlier. Learned Senior Counsel would submit that as the said suit arose from the same cause of action and as the claims also arose from a composite transaction, the aggregate amount of fees to which the plaint in suits embracing each subject separately as per Sec. 18 of the Maharashtra Court Fees Act, 1959, would not be payable, in view of the maximum Court Fees as prescribed in Article 1 of Schedule 1 of the Maharashtra Court Fees Act, 1959. Learned Senior Counsel seeks to rely upon the decisions of this Court in the case of Syndicate Bank and Ors Vs. SS Printers and Ors,Manu/MH/0580/1995. and also the decision of this Court in the case of Maldar Barrels Private Ltd. Vs. Pearson Drums and Barrels Pvt. Ltd.,Commercial Summary Suit (L) No. 6044 of 2022 dtd. 13/7/2022. in support of his contentions.