Bombay High Court
Ashok Hariram Parwani And 23 Ors vs Silvex Developers Private Limited And ... on 24 August, 2022
Author: R.I. Chagla
Bench: R.I. Chagla
Digitally signed
by JITENDRA
JITENDRA SHANKAR
SHANKAR NIJASURE
Date:
NIJASURE 2022.08.26
17:02:39 +0530
909-ial-24397-2021.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION (L) NO.24397 OF 2021
IN
COMS SUIT (L) NO.24394 OF 2021
Ashok H. Parwani and Ors. ...Applicants/
Plaintiffs
Versus
Silvex Developers Pvt. Ltd. & Ors. ...Defendants
----------
Neeta Jain with Mahesh Kukreja for the Plaintiffs.
Viraaj Y. Bhate, PDS Legal for Defendant Nos.7 and 8.
Mr. Dhaval Patil with Kajal Malkan i/b. K. Ashar & Co. for the
Defendant Nos.9 to 11.
Ms. Pooja Yadav i/.b. Sunil Sonawane for MCGM.
Ms. R.V. Rane, 2nd Asstt. to Court Receiver is present.
----------
CORAM : R.I. CHAGLA J
DATE : 24TH AUGUST, 2022
ORDER :
1. Heard learned Counsel appearing for the Applicants / Plaintiffs.
2. By praecipe dated 23rd August, 2022, it has been stated 1/4 909-ial-24397-2021.doc that all office objections have been removed save and except the objection raised under Section 18 of the Court Fees Act. The matter was circulated for further extension of time for removal of office objections, if any, which extension has been granted upto 27th July, 2022. It is stated by the learned Counsel appearing for the Plaintiff that the objection raised is as to the payment of Court Fees by individual flat purchasers seeking possession of their respective flats and for which the Suit claim has to be valued individually.
3. The learned Counsel for the Plaintiff has sought dispensation of this objection on the ground that the maximum Court Fees of Rs.3,00,000/- has been paid in respect of the captioned Commercial Suit.
4. I have considered the submissions of the learned Counsel for the Plaintiff. In a series of orders passed by this Court, including order dated 13th July, 2022, this Court has consistently taken the view that the maximum Court Fee which is leviable on the Plaint is at present Rs.3 lakhs, whether such plaint or memorandum of appeal contains one or more distinct subjects. This Court has construed that any interpretation of Section 18 of the Act is contrary to Schedule 1 2/4 909-ial-24397-2021.doc Article 1 of the Act would be impermissible. Further, Schedule 1 Article 1 of the Act which prescribes for maximum Court Fees of Rs.3,00,000/-. This Court has passed orders in following matters:-
(i) Interim Application No.25 of 2020 in Commercial Suit No.1579 of 2018;
(ii) Interim Application No.1076 of 2019 in Suit (L) No.1525 of 2018;
(iii) Interim Application No.1811 of 2019 in Commercial Suit No.30 of 2018; and
(iv) Commercial Summary Suit (L) No.6044 of 2022.
5. Accordingly, the Registry is to take a note of the orders passed by this Court in the aforementioned matters and in future not to raise requisition for payment of Court Fees in excess of maximum Court Fees of Rs.3 lakhs leviable on the Plaint. Hence, the following order is passed:-
3/4
909-ial-24397-2021.doc
(i) The objection raised by the Registry regarding payment of Court Fees beyond Rs.3,00,000/- is dispensed with.
(ii) The Registry shall take steps to number the Commercial Suit considering that all other objections have been complied with.
(iii) The praecipe is disposed of accordingly.
6. Stood over to 29th August, 2022 at 2.30 p.m. [R.I. CHAGLA J.] 4/4