Dismissed
Punjab State Civil Supplies Corp. Ltd. and Anr. v. N.S. Sidhu and Ors.
Punjab & Haryana HCRSA/2594/2009
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of 2009 IN THE HIGH COURT OF PUNJAB AND…
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of 2009 IN THE HIGH COURT OF PUNJAB AND…
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RSA No.2594 of 2009
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RSA No.2594 of 2009. Decided on: November 09, 2009.
Punjab State Civil Supplies Corporation Limited & another
.. Appellants
VERSUS
N.S.Sidhu and others
.. Respondents
CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI
PRESENT Mr.C.S.Bakhshi, Advocate, for the appellants.
M.M.S. BEDI, J. (ORAL)
Courts below have given a concurrent finding on the basis of appreciation of evidence that the plaintiffs-appellants Corporation is not entitled to recover the amount claimed being the court fee for the suit for recovery filed by the appellant.
Counsel for the appellants has submitted that the appeals against the judgments of the trial Court dated 01.09.2008 and 14.08.2007, are pending before the appellate Court.
The lower appellate Court has rightly held that in view of the peculiar facts and circumstances of this case, a separate
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RSA No.2594 of 2009
suit for recovery of Court fee affixed by the plaintiffs in said civil suits is not maintainable.
Dismissed without prejudice to the rights of the
appellants in the pending litigation/appeals.
(M.M.S.BEDI)
JUDGE
November 09, 2009. rka
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Punjab State Civil Supplies Corporation Limited
N.S. Sidhu
M.M.S. BEDI
As recorded by the court registry
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