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Bombay High CourtCAF/504/2015admittedallwdgrantedrule absolute

Ravindra S/O Nathmal Bhansali v. Lakhmichand Prakashchand Keswani And Others

2015-03-23Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice Sunil B. Shukre2 pages

Order 2303caf504.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR C.A.F.NO. 504/2015 IN F.A.NO. 728/2013.

Ravindra Nathmal Bhansali -VERSUSLakhmichand Prakashchand Keswani and others. Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM

: B.P.DHARMADHIKARI & S.B.SHUKRE, JJ.

DATE : MARCH 23, 2015.

Heard Shri M.G. Sarda, learned Counsel for the applicant/appellant.

The applicant is the original plaintiff.

Plaint was rejected under Order VII Rule 11(d) of the Code of Civil Procedure. The said rejection was questioned in the First Appeal no.728/2013. This Court has allowed the appeal vide judgment dated 15.12.2014. Consequently, the plaint has been directed to be received back and trial has to proceed further on merits.

By placing reliance upon Section 15 of

Order 2303caf504.15 the Bombay Court Fees Act, 1959 learned counsel appearing on behalf of the applicant states that the applicant /appellant is entitled to refund of full Court fees.

We direct the Registry to verify and arrange for refund of court fee in accordance with law. Civil Application is accordingly disposed of. No costs.

JUDGE JUDGE Rgd.