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Order - Status 5: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.754 OF 2010 Madhukar Narayan Sali .. Petitioner versus Arjundas Sattaramdas Banga & Ors. .. Respondents Mr.Pankaj J. Das for the petitioner. CORAM : A.S.OKA, J. DATE : 4th February 2010. P.C: . Heard learned counsel appearing for the petitioner. The learned counsel is not disputing that the clause (h-a) of clause (iv) of section 6 of the Bombay Court Fees Act, 1959 is applicable. He, however, pointed out that the two sale deeds which are under challenge relate to the same suit property. He submitted that assuming that market value of the suit property is Rs. 11,00,000/-, the petitioner is ready and willing to pay Court fees on the said amount. His submission is that under clause (h-a) Court fee is leviable on the value of the property and therefore, merely because there is a challenge to the two sale deeds, the petitioner is not liable to pay Court fees on the market value mentioned in both the sale deeds in respect of the same property. He invited my attention to paragraph 3 of the impugned order which requires the petitioner to pay Court fees on a sum of Rs.21,00,000/- which according to the petitioner is much more than the value of the property contemplated by clause (h-a). Issue notice to the respondents for final disposal at admission stage returnable on 5th March 2010. Hamdast allowed. Till the next date, the plaint shall not be rejected on the ground of non-compliance with the impugned order. Private service is also permitted. (A.S.OKA,J)
Order - Status 7: FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.754 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Pankaj J. Das for petitioner. CORAM : A.S.OKA, J. DATE : 5th March 2010 PC :- 1. Await service till 12th April 2010. If affidavit of service of private notice is not filed on or before 8th April 2010, the petition will stand dismissed for non prosecution without further reference to the Court. Ad-interim relief granted earlier is extended till next date. (A.S.OKA, J.) mst
Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FARAD CONTINUATION SHEET WRIT PETITION NO.754 OF 2010 1 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court's Court's or orders or directions Judge's orders & Registrar's orders. ............................................................. Mr.Pankaj Das for the petitioner None for the respondents CORAM: A.S.OKA,J. DATE : APRIL 8,2010 P.C.: . Not on board. Taken on board. 1 Petition to come up on board on 12th April 2010 which is the scheduled date. 2 Till next date, the conditional order will not operate. JUDGE ssp
Order - Status 23: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 754 of 2010 Madhukar Narayan Sali ...Petitioner v/s. Arjundas Sattaramdas Banga & ors. ..Respondents Mr. Pankaj J. Das for the petitioner. Mr. J.S. Chandnani for respondents 5-8. CORAM:- B.R. GAVAI, J DATED :- FEBRUARY 25, 2011. P.C. The Petitioner to take steps to serve the unserved Respondents 2 and 3 within a period of four weeks from today, failing which petition to stand dismissed for non-prosecution, without further reference to the Court. If steps are taken in time, place the matter on 25th March, 2011. (B.R. GAVAI, J)
1) Document Filed: Report
Filed By : Shri. Vishal Mhatre
Filed Document - Date of Receiving - 1: 08/04/2010
2) Document Filed: Vakalatnama
Advocate: Shri. J. S. Chandnani
Filed Document - Date of Receiving - 2: 16/04/2010
Respondent-1: Arjundas Sattaramdas Banga
Respondent-2: Ors.
Petitioner-1: Madhukar Narayan Sali