Mr. Satish T. Borade v. Indian Express Limited And ORS.

spb/ 908fast35634-15-ca4033-16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4033 OF 2016 IN FIRST APPEAL (ST.) NO. 35634 OF 2015 Mr. Satish T. Borade ... Applicant/Appellant.

V/s.

Indian Express Limited & 5 Ors.

... Respondents.

--- Mr. D. S. Chandnani for the Applicant/Appellant. Mr. Amol Joshi a/w. Sufiyan Shaikh i/by Poorvi Kamani for the Appellant in FA No. 816 of 2016.

--- CORAM : V. M. KANADE AND P.R. BORA, JJ.

DATE : 09th FEBRUARY, 2017 P.C. :

Mentioned, not on board. Upon mentioning, taken on board.

Heard Mr. Chandnani, learned counsel appearing for the applicant. This civil application is filed by the applicant, seeking exemption from payment of court fees on the ground that the appeal being continuation of the suit and the appellant having paid the court fee in the trial court, he is not required to pay court fees in the appeal.

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spb/ 908fast35634-15-ca4033-16.odt It is not possible to accept the above submission made by the learned counsel for the applicant. There is neither any statutory provision which exempts the payment of court fees after an appeal is filed nor there is any judgment of the apex court or this court in support of the said proposition. Hence, we do not accept the submission made by the learned counsel for the applicant. Civil application is, therefore, dismissed.

( P.R. BORA, J) (V.M.KANADE, J) .....

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