Hind Dyes and Chemicals Vs National Ice and Cold Storage and Ors.

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. WRIT PETITION NO. 1183 OF 2010.

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M/s.Hind Dyes & Chemicals . .. .... .... Petitioner V/s National Ice & Cold Storage & Ors .. .... ... Respondents.

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Mr.Jaydeep Thakkar i/by Mr.Jawahar Thakkar, Adv. For the petitioner. Mr.N.V.Walavalkar, Sr. Adv. With Mr.M.L.Kukreja i/by M/s.Lilani Shah & Co., Adv. For the respondents.

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PC:

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Rule. Rule made returnable forthwith.

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Petition taken up for final disposal by consent.

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The petitioner impugnes the order dated 30.12.2009 vide which the learned Judge of the City Civil Court has held that the suit as filed by the present petitioner was not properly valued.

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The learned counsel for the petitioner submits that suit would be covered by the provisions of section 6(12)(f) of the Bombay Court Fees Act. It appears that erroneously the petitioner had valued the suit under section 6(12)(d) of the said act. It is however the contention of the petitioner that even if valuation is taken under section 6(12)(f) the court fees that would be required to be paid would be the same.

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It appears from the order impugned that the said aspect has not been considered by the learned trial Judge. It further appears that learned trial Judge has also not decided as to under what provisions the court fees would be payable. In that view of the matter the impugned order dated 30.12.2009 is quashed and set aside.

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Learned Judge is directed to reconsider the issue regarding pecuniary jurisdiction. Same be done within a period of four weeks from today. Rule made absolute in above terms.

Hind Dyes and Chemicals v. National Ice and Cold Storage and Ors.

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Hind Dyes and Chemicals v. National Ice and Cold Storage and Ors.

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