Dharam Singh Masram vs Sanjay Maravi
2022 Latest Caselaw 5526 MP

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                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                    MA No. 1990 of 2020
                                        (DHARAM SINGH MASRAM Vs SANJAY MARAVI AND OTHERS)

          Dated : 18-04-2022
                             Shri Sanjay Kumar Saini, learned counsel for the appellant.

                             None for the respondents.

Appellant has filed IA No.1205/2022 for recalling of order dated 07.01.2022 by which appellant was directed to pay Court fees.

Learned counsel appearing for appellant submitted that other Coordinate Benches are entertaining application for depositing of Court fees after passing of

award but this Court relied on judgment passed by Coordinate Bench and has directed applicant to pay Court fees. Since other Coordinate Bench of this Court are allowing appeals and extending time for payment of Court fees after passing of award, therefore, if Court does not agree with judgment passed by other Coordinate Benches of this Court then matter may be referred to Larger Bench.

Appellant has relied upon on orders dated 23.01.2020, 08.03.2018, 21.12.2016, 19.12.2019, 16.01.2020 and 10.09.2020 passed in MA No.230/2022, MA No.88/2018, MA No.852/2015, MA No.5539/2019, MA No.206/2020 and MA No.1996/2020, respectively. Said orders had already been considered by Single

Bench of this Court in MA No.781/2015 and contention of appellant to pay Court fees after adjudication in appeal was rejected vide order dated 06.09.2017 and a well reasoned order has been passed by learned Single Judge and there is no reason to take a different view from said order. Orders which have been relied upon by appellant are of no help to appellant as in said orders shown in bold and underlined above there is no adjudication on issue that appellant can pay Court fees after passing of award.

In view of same, there is no merit in the application filed by appellant for modification by recalling of order dated 07.01.2022, hence, IA No.1205/2022 is dismissed with cost of Rs.100/-. Said cost shall be deposited before Secretary, M.P. High Court Legal Services Authority, Jabalpur.

List the matter after eight weeks.

Digitally signed by SHABANA ANSARI Date: 2022.04.23 10:37:42 +05'30'

(VISHAL DHAGAT) JUDGE shabana