Ajay Agrawal v. Municipal Council Raigarh And ANR

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet First Appeal No. 183 of 2015 Ajay Agrawal Versus Municipal Council Raigarh & Anr 14/12/2015 The Appellant is not present in person.

The appeal was filed on 15.6.2015. The Appellant is said to be a businessman and the proprietor of M.P. Agro Industries seeking exemption from payment of Court fee. He had filed a suit for money dues of Rs.6.03,542/- against the Respondents which has been rejected.

On 8.9.2015, a peremptory order was passed for removal of defects which included payment of Court fee. On 29.9.2015, it was noticed that the Learned Counsel for the Appellant had withdrawn his appearance as the Appellant had taken the file from him.

We are of the considered opinion that the time period of approximately six months was sufficient for the Appellant to remove the defect or either obtain appropriate orders from the competent authority for exemption from payment of Court fee. We are not persuaded to keep this appeal pending. Nothing prevents the Appellant from filing an application for restoration if he files the Court fee or from filing a fresh appeal accompanied with necessary Court fee or order of exemption as the case may be.

I.A. No.1/2015 for extension of time granted by order dated 8.9.2015 is rejected.

Sd/- Sd/- (Navin Sinha) (P. Sam Koshy) CHIEF JUSTICE JUDGE Priya