Final Order 1

Order Details: Other
Pdf Text: (DB)
16.02.2021
Stamp No.
9953/2019
CORAM : H. H. J. SHRI R. S. PAVASKAR (C.R.NO.12)
None for the plaintiff.
As per order dated 19.09.2019, four weeks time was granted to the
plaintiff to remove the office objections. However, till date, the
plaintiff has not removed all office objections. The plaintiff has
failed the present suit without obtaining leave under section 80 of
the CPC. The suit is apparently barred under section 34 of the
Securitisation and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002. The plaintiff has
sought declaration of his title to flat No.102, 1st Floor, Bldg.
No.A/2, Hill Park Tower CHSL, Nr. Agarwal Estate, Jogeshwari
West, Mumbai400 103 with consequential relief of injunction. As
such, the plaintiff ought to have valued the suit on the market
value of the said flat for the purpose of jurisdiction and Court fees
and paid Court fees as per the provisions of under section 6 (iv) (d)
of the Maharashtra Court Fees Act. However, he has valued the suit
at Rs.1000/ only for the purpose of jurisdiction and Court fees
and paid Court fees of Rs.500/ only under section 6 (iv) (j) of the
Maharashtra Court Fees Act. The plaintiff has not properly valued
the suit for the purpose of jurisdiction and Court fees and paid
deficit Court fees. Hence, the plaint is rejected. Stamp No.
9953/2019 is accordingly disposed of.
Leave was granted to the plaintiff to register draft NM.
However, till date, the plaintiff has not tendered registered NM.
As the main suit is disposed of and the plaintiff does not
survive of NM No.4063/2019. Accordingly NM No.4063/2019
stands disposed of.
Judge
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