REGENT COMPUTRONICS PVT. LTD.

Giraja Shankar Appellant

V/S

NATIONAL INSURANCE COMPANY LIMITED Respondents

Referred Judgements :-

NILOFAR ANJUM AND ANOTHER VS. MOHD. AASIF [REFERRED TO]
RAKESH VS. SUNIL [REFERRED TO]
DILIP VS. JAKIR MOHAMMAD [REFERRED TO]
LEELABAI AND OTHERS VS. RAMESH [REFERRED TO]
BADRILAL VS. HARIKISHAN [REFERRED TO]
SAVITA VS. SHRI KUMAR DHRUVE [REFERRED TO]
GALIYA AND OTHERS VS. DARBAR [REFERRED TO]
K C SKARIA VS. GOVT OF STATE OF KERALA [REFERRED TO]
K C SKARIA VS. GOVT OF STATE OF KERALA [REFERRED TO]
SANT LAL GUPTA VS. MODERN CO OPERATIVE GROUP HOUSING SOCIETY LTD [REFERRED TO]
A NAWAB JOHN VS. V N SUBRAMANIYAM [REFERRED TO]
KALABAI VS. RASHID KHAN [REFERRED TO]
Hajarilal VS. State of M.P. [REFERRED TO]
State of M.P. VS. Rambihari [REFERRED TO]
MAIKU SINGH VS. ANUP SINGH [REFERRED TO]

JUDGEMENT

(1.) Heard on I.A. No.10710 of 2022, an application for ignoring the default of 2.5% Court fee as pointed out by the Registry.

(2.) Learned counsel for the appellants submits that as per the provision of the Court Fee (Madhya Pradesh Amendment) Act, 2012, court fee ought to be paid 2.5% of the enhanced amount, awarded in the Appeal and not on the amount which is claimed in appeal and Registry of this Court has wrongly raised objection on the proportionate Court fee and demanding 2.5% court fee on the claimed amount in appeal which is against the spirit of law.

(3.) Learned counsel for the appellant submits that the enhanced amount cannot be determined earlier the judgment, but only after the judgment and only in cases where enhancement is made, then in that case only the court fee has to be paid and that too on the enhanced amount and in case enhancement is not done, then no court fee is required to be paid.

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GIRAJA SHANKAR Vs. NATIONAL INSURANCE COMPANY LIMITED

Referred Judgements :-

JUDGEMENT

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