Marzban Dadi Naegamvala v. Miss Christine R Pastakia

901-NMSL2620-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L) NO. 2620 OF 2016 IN SUIT (L) NO. 45 OF 2015 Marzban Dadi Naegamvala ...Plaintiff

Versus

Miss Christine R. Pastakia ...Defendant Mr. Bhupendra Singh, for the Plaintiff.

Mr. Zubin Behramkamdin, i/b Wadia Ghandy & Co., for the Defendant.

CORAM: G.S. PATEL, J DATED:

20th September 2016 PC:- 1.

The Suit was rejected for non-payment of court fees. The full amount of court fee has been paid under orders previously passed on 4th August 2016 (Mr. Justice S.J. Kathawalla). 2.

The present Notice of Motion seeks a restoration of the Suit and thereafter a withdrawal of the Suit. It is unclear why this course of action is adopted since, on the Plaintiff's own showing, he is entitled to a refund of court fees even on rejection. 20th September 2016

901-NMSL2620-16.DOC 3.

Refund of court fees upon that rejection in accordance with the Rules.

4.

There is no reason to grant the reliefs sought in the Notice of Motion, which is dismissed.

(G. S. PATEL, J.) 20th September 2016