Roop Narain And Others vs State Of U.P. And Another
2016 Latest Caselaw 2007 ALL

Citation : 2016 Latest Caselaw 2007 ALL
Judgement Date : 27 April, 2016

Allahabad High Court

Roop Narain And Others vs State Of U.P. And Another on 27 April, 2016

Bench: Arun Tandon, Abhai Kumar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- FIRST APPEAL DEFECTIVE No. - 238 of 2007
 

 
Appellant :- Roop Narain And Others
 
Respondent :- State Of U.P. And Another
 
Counsel for Appellant :- Manoj Kumar Mathur
 

 
Hon'ble Arun Tandon,J.

Hon'ble Abhai Kumar,J.

Application enclosing therewith court fee of Rs. 2,59.160/- is taken on record. The same has been cancelled today by the Bench Secretary.

The record of the present appeal reflects that the present appeal was filed in the year 2007 and there was a deficiency of the court fee to the tune of Rs. 2,59,152.50/-. The appeal was dismissed for non-payment of requisite court fee vide order dated 13.7.2009 and restored under order dated 11.2.2011. Thereafter the appeal was dismissed again for non-payment of court fee on 6.4.2011. The application to the restoration was filed again filed and the same came to be rejected vide order dated 27.11.2014. Now, Restoration Application No. 72452 of 2015 alongwith Delay Condonation Application No. 72451 of 2015 have been filed.

The record reflects that last 9 years, the amount of court fee was retained by the appellant and today, an application has been filed supplying the requisite court fee, which has been purchased only on 27th March, 2016 on the requisite court fee papers.

A Division Bench of this Court in the case of Wig Brothers (Builders & Engineers) (P) Ltd. & another vs. Union of India & others; reported in (2003) 3 Company Law Journal, 328 (Alld.) has held that approval of interest of money withheld by a person is a necessary corollary. It is neither penal nor compensatory in nature.

We, therefore, of the opinion that the appellant must explain to the Court as to why interest at the bank rates be not imposed on such delay of paying the court fee by the appellants of 9 years.

The matter shall come up on 5th May, 2016. Office is directed to submit report with regard to the stamp duty so supplied by the next date.

Order Date :- 27.4.2016

LN Tripathi