Sunita Ramesh Karale v. Reliance General Insurance Co. Ltd.

936-CRA--30-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO.30 OF 2021 SUNITA RAMESH KARALE

VERSUS

RELIANCE GENERAL INSURANCE CO. LTD.

. . .

Advocate for Petitioner : Mr. Rajendra B. Dhakane . . .

CORAM : MANGESH S. PATIL, J.

DATED : 07 APRIL 2022.

PER COURT :

1.

This revision is filed under Chapter II of the Bombay High Court Appellate Side Rules, 1960, against the order of the Taxing Master, who has held that in view of the directions of this Court in First Appeal No.4475 of 2017, Govind S/o Shamrao Bansode Vs. The State of Maharashtra and Anr., the revision petitioner has paid deficit court fees to the tune of Rs.11,100/- while preferring the appeal. Apparently, the direction in the matter of Govind S/o Shamrao Bansode was in an appeal against dismissal of a reference under the Land Acquisition Act.

2.

In my considered view, it would be appropriate that the issue as to the valuation of the appeal is kept open to be decided in the main appeal itself.

1/2

936-CRA--30-2021.odt 3.

Revision is partly allowed. The impugned order is quashed and set aside. The first appeal be registered keeping open the issue regarding valuation of the appeal to be decided in the first appeal and subject to the petitioner furnishing an undertaking that she would deposit the deficit court fees as has been directed in the first appeal. ( MANGESH S. PATIL, J.) Tandale/- 2/2