Delhi High Court - Orders
Anil Kumar Goel vs Delhi Nagrik Sehkari Bank Limited & Ors on 22 May, 2023
Author: Sachin Datta
Bench: Sachin Datta
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 39/2021 & IA Nos. 847/2021, 5014/2021, 5016/2021
ANIL KUMAR GOEL ..... Plaintiff
Through: Mr. Akshit Sachdeva, Adv.
versus
DELHI NAGRIK SEHKARI BANK LIMITED & ORS.
..... Defendants
Through: Mr. Vivek Kumar Tandon, Adv. for
D-1.
Mr. Manish Pathak, Adv. for D-2 to
3.
Mr. Hansraj Singh, Adv. for D-4.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 22.05.2023 IA No.8479/2022
1. By way of this application, the applicant seeks to carry out certain amendments in paragraphs-40 and 41 of the original plaint, which are as under:
"40. That the plaintiff values the suit for the purpose of court fee and jurisdiction:-
Reliefs Value for the Court fee paid
purpose of court
fee and jurisdiction
(i) For relief of declaration vide Rs. 30,00,000/- Ad-volerum
prayer clause (a)
(ii) For relief of mandatory Rs. 10,000/- Ad-volerum
injunction vide prayer clause
(b)
(iii) For relief of declaration vide Rs. 200/- Ad-volerum
prayer clause (c)
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(iv) For recovery of money vide Rs. 1,79,50,000/- Ad-volerum prayer clause (d)
41. That the defendant work for gain, reside and carry-on business as stated in the title of the plaint within territorial jurisdiction of the Hon'ble Court. Cause of action also has accrued to the plaintiff to file the present suit within territorial jurisdiction of the Hon'ble Court. Claim in suit is valued at Rs. 2,09,60,200/- within pecuniary jurisdiction of the Hon'ble Court,. Hence the Hon'ble Court has jurisdiction to entertain, try and decide the present suit."
2. The applicant seeks that the aforesaid paragraphs be substituted by the following:
"40. That the plaintiff values the suit for the purpose of court fees and jurisdiction:-
Reliefs Value for the Court Fee paid
purpose of court
fee and jurisdiction
(i) For relief of declaration vide Rs. 30,00,000/- Ad-volerum
prayer clause (a)
(ii) For relief of mandatory Rs. 10,000/- Ad-volerum
injunction vide prayer clause
(b)
(iii) For relief of declaration vide Rs. 200/- Ad-volerum
prayer clause (c)
(iv) For recovery of money vide Rs. 1,03,45,653/- Ad-volerum
prayer clause (d)
41. That the defendant work for gain, reside and carry-on business as stated in the title of the plaint within territorial jurisdiction of the Hon'ble Court. Cause of action also has accrued to the plaintiff to file the present suit within territorial jurisdiction of the Hon'ble Court. Claim in suit is valued at Rs.1,33,55,853/-."
3. It is submitted that the amendment sought is consequential to the order dated 13.05.2022 whereby the LRs of the plaintiff were permitted to withdraw the claims for loss of reputation sought by the deceased plaintiff.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2023 at 21:40:27 By virtue thereof, the total claim stands reduced from Rs.1,79,50,000/- to Rs.1,03,45,653/-. The reduction in the plaint having already been allowed vide order dated 13.05.2022, the present amendment is stated to be only consequential in nature.
4. Learned counsel for the defendants/non-applicants do not oppose the amendments sought to be made. Accordingly, the present application is allowed.
5. The amended plaint filed vide diary no.915538/22 is taken on record.
IA No.8349/20216. This application seeks refund of the excess court fees paid on the plaint as originally filed. The application is occasioned on account of reduction in amount sought by the plaintiff for which the applications under Order 16 Rule 17 came to be filed before this court, which were allowed vide order dated 13.05.2022 in IA No.8345/2022 and vide the aforesaid order qua IA No.8479/2022.
7. The non-applicants do not oppose the relief sought in the present application.
8. Accordingly, the present application is allowed.
9. The court fees of Rs.74,000/- is directed to be refunded to the plaintiff.
10. The Registry is directed to draw-up the requisite certificate in favour of the plaintiff within four weeks from today.
CS(OS) 39/2021
11. The valuation of the claims in the present matter is Rs. 1,03,45,653/-. which is triable by the District Courts.
This is a digitally signed order.
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12. It may be noted that in terms of the Delhi High Court (Amendment) Act, 2015, sub-section 2 of Section 5 of the Delhi High Court Act, 1966, read with notification no. 27187/DHC/Orgl. dated 24.11.2015, since the present suit is below the pecuniary jurisdiction of this Court, the same is hereby directed to be transferred to the appropriate court having pecuniary jurisdiction. Let the present suit be placed before the learned Principal District and Sessions Judge, Tis Hazari Courts (Central District) who may assign the present suit to an appropriate Bench, which shall hear and adjudicate the matter after issuing notice to the parties and also through the respective counsel.
SACHIN DATTA, J MAY 22, 2023/cl This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2023 at 21:40:27