Bombay High CourtCAF/764/2015admittedallwdgrantedrule absolute

Pravin S/O Murlidhar Deshmukh And Others v. The Executive Engineer, Representing V.I.D.C., Bembla Project Division, Yavatmal And 2 Others

2015-08-04Hon'Ble Shri Justice B.R. Gavai,Hon'Ble Kum. Justice Indira Jain1 pages

0408caf764.15.odt 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.764 OF 2015 IN FIRST APPEAL STAMP NO. 25369 OF 2014 (Pravin Murlidhar Deshmukh & others Vs. The Executive Engineer, VIDC, Bembla Project & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S. U. Nemade, Advocate for the applicant-appellant. CORAM : B. R. GAVAI AND INDIRA K. JAIN, JJ.

DATED : 04 AUGUST, 2015 The applicants/appellants have filed this application for grant of temporary exemption for payment of deficit court fees. The learned counsel for the applicants states that they have not been paid any amount towards compensation and they are from poor family. It is, therefore, submitted that the temporary exemption be granted to the applicants for payment of deficit court fees at least till the compensation in part is paid to the applicants. The Hon'ble Apex Court has come down heavily on the State of Maharashtra in the case of Ambya Kalya Mhatre (dead) L.Rs. and others .vs. State of Maharashtra, reported in 2012 (1) Mh.L.J. Page 9, since it is the only State of Maharashtra wherein the court fees are required to be paid in such matters. In that view of the matter, we find that it would be in the interest of justice to grant relief as prayed for in the application. The application is, therefore, allowed. The applicants are granted temporary exemption for payment of the deficit court fees till they receive part of the compensation from the respondents.

JUDGE JUDGE wwl