MAHESH RAJIV Vs. RAJASTHAN STATE INDUSTRIAL DEVELOPMENT

JUDGEMENT

(1.) The instant civil first appeal has been filed by the appellant-plaintiff under Sec. 13 of the Commercial Court Act, 2015 readwith Sec. 96 of the Civil Procedure Code, 1908 against the judgment and decree dtd. 20/8/2019, passed by the Commercial Court No.3, Jaipur in Civil Suit No.194/2018 titled as M/s. Mahesh Rajiv and Company v. RIICO and Others, whereby suit filed by the plaintiff has been dismissed due to non- deposition of the requisite Court fees in compliance of the order passed by the Commercial Court on 18/7/2019.

(2.) Learned counsel for the appellant-plaintiff at the outset submitted that the suit filed by the appellant-plaintiff was for recovery of Rs.1,25,73,286.00 and claim of the earnest money of Rs.24,15,556.00 illegally withheld by the defendants- respondents.

(3.) Learned counsel for the appellant submitted that though time was granted by the Commercial Court to deposit Court fees of Rs.3,78,590.72 as per Sec. 21 of the Rajasthan Court Fees and Suits Valuation Act, 1961 (hereinafter read as 'the Act of 1961'), however, the appellant had only paid Rs.60.00 as Court fees.