PUNEET MALHOTRA Vs. R S GAI

JUDGEMENT

(1.) This bench has been constituted by the Hon'ble The Chief Justice of the Bombay High Court for answering the following question:

(2.) The necessity of constituting a larger bench for consideration of this question arose in the following circumstances:

(3.) Thus, it is clear from what has been observed above that for answering the question framed above, first we have to consider whether Article 3 of Schedule I of the Bombay Court fees Act applies to an application filed under Section 34 and an appeal filed under Section 37 of the 1996 Act, and if we find that Article 3 of Schedule I of the Bombay Court fees Act does not apply then we will have to make an enquiry to find out which is the provisions which will be applicable