Gunwantrao Mahadeorao Gulhane v. The Executive Engineer, Representing V.I.D.C., Bembla Project Division, Yavatmal And Others

19.01.caf.3397.14.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (F) NO. 3397/2014 IN FIRST APPEAL (ST) NO. 11395/2014 (Gunwantreao Mahadeorao Gulhane vs. The Ex.Engineer VIDC and others ) .......................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... Mr. S.U.Nemade, Adv.for applicant CORAM : B.R.GAVAI & Mrs. MRIDULA BHATKAR, JJ.

DATED : 19th January, 2015.

The applicant/appellant have filed this Application for grant of temporary exemption for payment of deficit court fees. The learned counsel for the applicant states that the applicant has not been paid any amount towards compensation and he is from poor family. It is, therefore, submitted that the temporary exemption be granted to the applicant for payment of deficit court fees, at least, till the compensation in part is paid to the applicant.

The Hon'ble Apex Court has come down heavily on the State of Maharashtra in the case of Ambya Kalya Mhatre (dead) LRs and others vs. State of Maharashtra reported in 2012 (1) Mh.L.J. Page 9, since it is the only State of Maharashtra wherein

19.01.caf.3397.14.

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 applicant is granted temporary exemption for payment of the deficit court fees till he receives part of the compensation from the respondents.

JUDGE JUDGE sahare