JALSO BAI Vs. SURENDRA KUMAR

JUDGEMENT

(1.) Heard on I.A.No.3211/2021, which is an application for ignoring the objection raised by the registry of this Court regarding payment of deficit Court fees.

(2.) Brief facts of the case which are relevant for disposal of aforesaid application are that the appellants filed this Miscellaneous Appeal against the award dtd. 22/01/2021 Jpassed by MACT, Mandla in Claim Case No.778/2018 for enhancement of compensation awarded by the Claims Tribunal to the applicants. This Miscellaneous Appeal is for enhancement of a sum of Rs.6,00,000.00. Office put the objection that appeal is not maintainable without payment of Court fees on that enhanced amount i.e. Rs.6,00,000.00. Present application has been filed for overruling that objection.

(3.) Learned counsel for the appellants submitted that according to Article 11 of Schedule II of the Court Fees Act 2.5% Court fees should be paid on the enhanced amount. The amount claimed by the appellants in the appeal cannot be called as enhanced amount, but the enhanced amount will be such as would be given by the Court after adjudication of the claim of the appellants. Registry wrongly demanded 2.5% Court fees on the amount which is claimed by the appellants in the memo of appeal. There is no certainty as to what amount will be awarded by the Court. Appellants are only required to pay Court fee on the amount which will be determined as enhanced amount by this Court at the time of judgement of this appeal. So appellants may be allowed to make payment of Court fee at the time of final decision of the appeal on enhanced compensation, which may be determined by the Court. In this regard learned counsel also placed reliance on this Court'A™s judgments passed inPreetam Lal Garg Vs. Vijay Kumar Gujrati, passed in MA.No.852/2015 vide order dtd. 21/12/2016, Smt. Sushma Dhurve and Others Vs. Dayal Singh and Others passed in MA.No.5539/2019 vide order dtd. 19/12/2019, Suresh Maravi Vs. Akash Singh Rajput and Others passed in MA.No.1996/2020 vide order dtd. 10/09/2020 and Ravi Shankar Vs. Arjun Lal and Others passed in M.A.No.2187/2020 vide order dtd. 23/09/2020.