Nitish Kumar v. Deepa
Case brief
What is this about?
This order allows an application seeking exemption from court fees for filing an appeal in a consumer matter, citing the petitioner's inability to pay and the respondent's failure to deposit the award amount.
What did the court decide?
Exemption from payment of court fee of Rs.7,000/-. Registry directed to number the appeal and list it for admission.
What the court decided
CMP No.17873 of 2021 in CMA SR95675 of 2021
ABDUL QUDDHOSE, J.
This petition has been filed seeking for exemption from payment of Court fee amounting to Rs.7,000/- in preferring the Appeal CMA SR95675 of 2021.
- The petitioner has stated in the affidavit filed in support of this petition that the second respondent Insurance company has not deposited the award amount till date, before the Tribunal. The petitioner / claimant has also expressed his inability to pay the Court fees as he does not have the means to pay the same.
- This Court is satisfied with the reasons stated in the affidavit filed in support of this petition. Accordingly, this petition is allowed as prayed for.
- Registry is directed to number the appeal, if it is otherwise in order and list the same for admission. However, it is made clear that in case of enhancement of award amount by this Court in favour of the claimant, the claimant will have to pay the requisite court fees before obtaining the Judgment copy from this Court.
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ABDUL QUDDHOSE, J.
Issues for consideration
1 issue framed by the court
Whether the petitioner should be exempted from payment of court fee due to inability to pay and non-deposit of award amount by the respondent.
Parties & counsel
- petitioner
Petitioner
- respondent
Second Respondent
Coram
ABDUL QUDDHOSE
Case details
As recorded by the court registry
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