SUHASINI S REVANKAR Vs. BANK OF INDIA

JUDGEMENT

(1.) THIS Appeal has been directed against the ex-parte decree dated 19th January, 1993 passed against all the defendants in the suit, jointly and severally, in the sum over Rs.28 lacs. The suit against the defendants was filed in the year 1981. It may also be noticed that initially, the defendants had appeared and filed written statement. It was only later that they absented themselves resulting in ex-parte decree being passed on 19th January, 1993. Notice of Motion for setting aside the ex-parte decree also failed. There were also certain execution proceedings. It also deserves to be noticed that husband of the present appellant, acting as power of attorney holder of one of the Directors, filed a Special Leave Petition which was dismissed as withdrawn in terms of Supreme Court order dated 26th March 1997 but permitting two weeks time for filing Appeal on merits of the judgment and decree dated 19th January, 1993, The Appeal filed by the company and one of its Directors against judgment and decree dated 19th January, 1993, has been dismissed.

(2.) THE short point presently is, whether the appellant is exempted from making payment of court fees under the Notification dated 1st October, 1994 issued by the State Government in exercise of powers conferred by section 45 of the Bombay Court Fees Act, 1959 (Bombay XXXVI of 1959). The said Notification reads as under:-