Amulyadhan Hait vs Dinesh Hait & Anr
2022 Latest Caselaw 7970 Cal

01.12.2022
Item No.06
Court No.32
Avijit Mitra


                               FAT 191 of 2022
                                    with
                              IA No. CAN 1 of 2022
                                    with
                              IA No. CAN 2 of 2022

                              Amulyadhan Hait
                                 -versus-
                              Dinesh Hait & anr.


                     Mr. Shehnaz Tareq Mina,
                     Mr. Pratim Sardar
                                       ...for the appellant
                     Mr. Tapan Coomar Dey,
                     Ms. Shreya Chatterjee
                                       ....for the respondents

The present appeal has been preferred challenging

the judgment and decree dated 11 th April, 2022 passed by

the learned Civil Judge (Senior Division), 9 th Court at

Alipore in Title Suit No. 6514 of 2012.

The application being IA No. CAN 2 of 2022 has

been preferred, inter alia, praying for grant of 'a leave to

present the memorandum of appeal without original court

fees and by treating the photocopy of the court fees in

commensuration with the T.R. Form No.7 as paid court fees

and exempt your petitioner from production of the original

court fees'.

Mr. Mina, learned advocate appearing for the

appellant submits that after obtaining the certified copies

of the impugned judgment and decree impugned, the

draft was prepared and the learned advocate engaged by

the appellant went to file the appeal on 26 th July, 2022

appending the original vakalatnama executed by the

appellant, the presentation form along with the original

Court fees amounting to Rs. 21,200/-, which was

purchased from the Treasury at Kolkata Collectorate by

depositing the said amount in the State Bank of India,

Esplanade Branch through T.R. Form No.7.

Unfortunately, all the said documents went missing from

the outer counter of the Central Filing Section. Such facts

were immediately intimated to the Registrar (Listing) of

this Court by a representation dated 26 th July, 2022.

Further details were provided to the learned Registrar by

a letter dated 27th July, 2022.

Mr. Mina submits that thereafter a fresh draft was

prepared and the appeal was filed on 3 rd August, 2022.

Thereafter on 23rd August, 2022, the Additional Stamp

Reporter reported that appeal has been preferred with

Court fees of Rs.100/- leaving a deposit of Rs.20,900/-

and that there had been a delay of 24 days in preferring

the appeal.

Today, in course of hearing Mr. Mina has placed

before us an application submitted by the appellant

before the Collector of Kolkata, SPIO under Section 6 of

the Right to Information Act, 2005. The said application

was replied to by the State Public Information Officer by a

letter dated 25th November, 2022. In the reply dated 25th

November, 2022 it has been categorically stated 'that the

Court Fees amounting to Rs. 21,200/- was issued from

this office in the name of Amulyadhan Hait and the

payment of money through TR form No.7 was deposited in

SBI, Esplanade Branch on July 20, 2022'. Let the

application and the letter, as produced, be kept on

record.

In the backdrop of the said facts, Mr. Mina prays

for leave to present the memorandum of appeal without

producing the original Court fees documents.

Mr. Dey, learned advocate appearing for the

respondents has left the matter to the discretion of this

Court.

Upon perusal of the records we find that there had

been no fault on the part of the appellant and that the

Court fees amount of Rs.21,200/- had already been

deposited by the appellant in SBI, Esplanade Branch on

20th July, 2022.

In view thereof, we allow the appellant's prayer to

present the memorandum of appeal without the original

Court fees documents.

We are also satisfied with the explanation given

towards the delay of 24 days in filing the present appeal.

Such delay is condoned.

The defects as pointed out in the report of the

Additional Stamp Reporter dated 23rd August, 2022 shall

be deemed to have been removed.

Accordingly, the applications being IA No. CAN 1 of

2022 and IA No. CAN 2 of 2022 are disposed of.

Let the hearing of the appeal be expedited.

As Mr. Dey has entered appearance on behalf of the

respondents, service of notice of appeal upon the said

respondents is dispensed with.

Lower Court Records be called for through Special

Messenger at the cost of the appellant. Such costs shall

be deposited by the appellant within two weeks.

Immediately, after arrival of the Lower Court

Records, the office shall examine the same and, if found

complete, shall issue notice of arrival of Lower Court

Records to the learned advocate appearing for the

appellant.

The appellant is directed to prepare requisite

number of informal paper books-printed, typewritten or

cyclostyled, as the case may be, out of Court, within four

weeks from the date of service of notice of arrival of Lower

Court Records and to file the same after serving copies

thereof upon the learned advocates appearing for the

respondents.

All formalities regarding preparation of paper books

are dispensed with but the learned advocate for the

appellant shall incorporate all the relevant documents in

the informal paper books.

Liberty to mention.

(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)