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Bombay High CourtCAF/20/2021disposed off

Nrc Ltd (Formerly Known As National Rayon Corporation Ltd) v. Kalyan Dombivali Municipal Corporation....

2023-11-04Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Justice Smt Manjusha Ajay Deshpande2 pages

skn 1 7-CAF-20.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL APPLICATION NO. 20 OF 2021 IN FIRST APPEAL NO. 1578 OF 2012 NRC Ltd. (Formerly known as National Rayon Corporation Ltd.) ...

Applicant.

V/s.

Kalyan Dombivali Municipal Corporation and others.

...

Respondents.

None for the Applicant.

SANJAY KASHINATH NANOSKAR CORAM :

NITIN JAMDAR, AND MANJUSHA DESHPANDE, JJ.

SANJAY KASHINATH NANOSKAR Date: 2023.11.09 20:14:42 +0530 DATE :

4 November 2023.

P.C. :

This civil application is taken out to aside the order passed by the Assistant Registrar of this Court dated 15 May 2014 and for further direction to refund the court fee. The first appeal was disposed of by the order dated 23 November 2022 as withdrawn and it was directed that the Appellant will be entitled to refund of court fee as per the Rules. It appears that thereafter the Appellant/ Applicant applied for refund of court fee and the same has not been granted by the Assistant Registrar as, according to the Assistant Registrar, as per the Rules the Appellant is not entitled for refund.

skn 2 7-CAF-20.2021.doc 2.

Therefore, this order is nothing to do with the merits of the first appeal. This civil application taken out in a disposed of appeal is not a correct remedy. The civil application is accordingly disposed of.

(MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.)