Date: 08-01-2020
Business: Adv. Kritika Kothari for plaintiff present.
She tendered registered Chamber summons 2285/19 t.o.r.
KB
LO
Adjourned for reply to 30.01.2020
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Business: Adv. Rahul Raut for plaintiffs present.
Adv. Irani along with Adv. Tikare for defendants present.
Say filed by advocate for defendant on chamber summons itself.
KB
LO
Order passed below Chamber Summons No.2285 of 2019
Perused chamber summons, affidavit in support of it and say filed by defendants. Heard respective counsel for parties.
Chamber summons is taken out by the plaintiffs to incorporate valuation clause as per schedule annexed to chamber summons.
It is the contention of plaintiffs that Registrar (Civil) was directed to conduct investigation under section 9 of the Maharashtra Court Fees Act to ascertain correct valuation of suit as on date of institution of suit and submit report within two weeks of receipt of order. Registrar submitted his report and assessed the valuation pertaining to suit property at Rs.62,29,583/- and ascertained court fee. As per order dated 13.11.2019, said report has been accepted and plaintiffs were directed to take the steps to amend the valuation clause in the plaint and to pay deficit court fee in terms of said report. In view of above contentions plaintiffs have prayed to allow present chamber summons.
Defendants objected to present chamber summons on the count that chamber summons is taken out to fill the lacuna and cannot be allowed in view of proviso to order VI Rule 17 of the CPC as no sufficient cause is shown.
It is pertinent to note that as per order dated 13.11.2019 passed by this Court, report of Registrar (Civil) submitted in pursuance of order dated 09.08.2019 of this Court was accepted and plaintiffs were directed to take steps to amend the valuation clause in the plaint and to pay deficiet court fee as per said report. In view of said direction of the court present chamber summons is taken out by the plaintiffs making contention about the correct valuation of the suit claim. In view of above facts of matter the objections taken by the defendants have no merits. Therefore, I am inclined to allow present chamber summons with direction to the plaintiffs to pay deficit court fee. Hence, pass following order
ORDER
1. Chamber Summons No.2285 of 2019 is allowed and made absolute in terms of prayer clauses (a) and (b).
2. Plaintiffs have to carry out amendment as per schedule annexed to chamber summons within period of two weeks from the date of this order and they are also permitted to pay deficit court fee of Rs.83,700/- (Rupees Eighty Three Thousand and Seven Hundred only) within period of two weeks from the date of this order.
3. Accordingly, chamber summons stands disposed off.
Adjourned for compilation to 10.02.2020
Nature Of Disposal: ALLOWED
Disposal Date: 30-01-2020