M/S Shree Khatu Shyamji Cement Mfg vs M/S Mongia Steel Limited
2022 Latest Caselaw 2225 Jhar

                      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                      F.A. No. 83 of 2020
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M/s SHREE KHATU SHYAMJI CEMENT MFG.

PRIVATE LIMITED through its Director namely Brij Mohan Agarwalla ... Appellant

-versus-

                   M/s MONGIA STEEL LIMITED, represented
                   by its Authorised Representative Shri
                   Binay Jha                                     ...     Respondent
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                   CORAM : HON'BLE MR. JUSTICE ANANDA SEN
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4/ 23.06.2022        Office has raised an objection regarding maintainability of this

appeal before this Court, taking a ground of pecuniary jurisdiction as first appeal value is Rs.3,11,000/-. As per the Office, the pecuniary jurisdiction of the District Judge in an appeal was amended by The Bengal, Agra and Assam Civil Courts (Jharkhand Amendment) Act, 2018 (Jharkhand Act No.09/2019) from Rs.2,50,000/- to Rs.25,00,000/-, thus, the appeal is not maintainable before this High Court.

This Office Objection is absolutely ridiculous and has got no legs to stand. The Stamp Reporter and the Section Officer have not even applied their mind while raising the above objection. The suit was under Section 134 of the Trade Marks Act of 1999 where the Trial Court is the Principal District Judge. Whatever may be the pecuniary jurisdiction, an appeal against the judgment and decree passed by the Principal District Judge is only maintainable before the High Court. This basic fact has been overlooked, both by the Dealing Assistant and the Section Officer of the Civil Stamp Reporting Section.

Civil Stamp Reporting Section is cautioned to function properly in future.

Question of maintainability, as raised by the Office is over ruled. Office to proceed further to point out if there are other defects in this memo of appeal.

(Ananda Sen, J.) Kumar/Cp-02