This civil application challenged the requirement to pay court fees in an appeal filed by Indian Express Limited. The court rejected the argument that fees are exempt because the appeal continues a suit for which fees were already paid, dismissing the application.
Civil application dismissed, requiring payment of court fees.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 4033 OF 2016 IN FIRST APPEAL (ST.) NO. 35634 OF 2015
Mr. Satish T. Borade … Applicant/Appellant.
V/s.
Indian Express Limited & 5 Ors. … Respondents.
Mr. D. S. Chandnani for the Applicant/Appellant.
Mr. Amol Joshi a/w. Sufiyan Shaikh i/by Poorvi Kamani for the Appellant in FA No. 816 of 2016.
CORAM : V. M. KANADE AND P.R. BORA, JJ.
DATE : 09th FEBRUARY, 2017
P.C. :
1 Mentioned, not on board. Upon mentioning, taken
on board.
2 Heard Mr. Chandnani, learned counsel appearing for the applicant. This civil application is filed by the applicant, seeking exemption from payment of court fees on the ground that the appeal being continuation of the suit and the appellant having paid the court fee in the trial court, he is not required to pay court fees in the appeal.
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Borey
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3 It is not possible to accept the above submission made by the learned counsel for the applicant. There is neither any statutory provision which exempts the payment of court fees after an appeal is filed nor there is any judgment of the apex court or this court in support of the said proposition. Hence, we do not accept the submission made by the learned counsel for the applicant. Civil application is, therefore, dismissed.
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Borey
1 issue framed by the court
Whether an appellant is exempt from payment of court fees in an appeal being a continuation of the suit where fees were paid at the trial stage.
Mr. Satish T. Borade
Indian Express Limited
V. M. Kanade
P. R. Bora
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
