M.Duraisamy v. R. Ashok Kumar
Case brief
What is this about?
The court allowed an appellant's petition for exemption from court fee on grounds of inability to pay and non-deposit of award by the respondent, directing fee payment on final appeal disposal.
What did the court decide?
Exemption from payment of Court fee of Rs. 6,741/- granted, subject to payment upon final disposal.
What the court decided
CMP No.16337 of 2021 in CMA SR84974 of 2021
ABDUL QUDDHOSE, J.
The Appellant has sought for exemption from payment of Court fee for a sum of Rs.6,741/-. He has stated in the affidavit that he does not have the means to pay the requisite Court fee and further the Insurance Company has also not deposited the award amount till date.
- This Court is satisfied with the reasons contained in the affidavit filed in support of this Petition and accordingly this Petition is allowed as prayed for.
- However, it is made clear that on the final disposal of the Appeal and before obtaining the Judgment copy, the petitioner/ appellant shall pay the requisite Court fee.
- Registry is directed to number the Appeal, if it is otherwise in order, and list the same for admission.
05.10.2021
ab/nl
ABDUL QUDDHOSE, J.
Issues for consideration
2 issues framed by the court
Whether the appellant is entitled to exemption from payment of court fee due to lack of means.
Whether the Insurance Company has deposited the award amount.
Parties & counsel
- appellant
The Appellant
- respondent
The Insurance Company
Coram
ABDUL QUDDHOSE
Case details
As recorded by the court registry
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