PUNJAB AND SIND BANK Vs. MANGLAM RECYCLING LIMITED

JUDGEMENT

(1.) Present civil revision petition has been filed by the petitioner/defendant against order dtd. 28/8/2023 (Annexure P-4) passed by the Court of Civil Judge, Junior Division, Ludhiana whereby an application filed by the petitioner under Order 7 Rule 11 CPC (Annexure P2) seeking rejection of the plaint on the ground of non-payment of ad valorem Court fee, has been dismissed in Civil Suit No.2372 of 2020 titled as M/s Manglam Recycling Limited v. Punjab and Sind Bank and another.

(2.) Counsel for the petitioner submits that the respondents filed suit for damages worth Rs.10.00 crores against the petitioner on account of loss and defamation caused by the petitioner to the respondents. It is further submitted that value of the suit for purpose of jurisdiction was assessed as Rs.10.00 crores and Court fee of Rs.500.00 was affixed by saying that tenative value of the suit for purpose of Court fee is Rs.5000.00 only. Counsel for the petitioner further submits that the amount of damages claimed has been specifically quantified as Rs.10.00 crores by the respondents in the plaint; that as per law laid down by Hon'ble Supreme Court in State of Punjab and others v. Dev Brat Sharma; 2022(2) RCR (Civil) 464, ad valorem Court fee is payable on amount of damages claimed in a suit for recovery filed by the plaintiffs claiming damages. Counsel for the petitioner has also placed reliance upon judgment of Coordinate Bench of this Court in Japna Dhillon v. Sukhbir Singh Waraich, CR-2784-2021 decided on 17/4/2023 in support of his contentions.

(3.) I have considered the submissions made by the counsel for the petitioner and gone through copy of plaint (Annexure P-1) and impugned order (Annexure P-4).