Dharmendra Samal vs Sakti Sugar Ltd. And Another
2023 Latest Caselaw 12867 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             R.S.A. No. 28 of 2015

            Dharmendra Samal                  ....             Appellant(s)
                                                       Mr.D.Bal,Adv.
                                                        On behalf of
                                                    Mr.N.Jujharsingh,Adv.
                                       -versus-

            Sakti Sugar Ltd. and another      ....            Respondent(s)
                                                          Ms.S.Das,Adv.
                                                           On behalf of
                                                         Mr.P.K.Rath,Adv.

                     CORAM:
                     JUSTICE ANANDA CHANDRA BEHERA
                                      ORDER

Order No. 17.10.2023

07. Misc. Case No.48 of 2015

1. This matter is taken up through hybrid arrangement (virtual/physical) mode.

2. This Misc. Application has been filed by the Appellant for exemption of Court fees as per the notification of Government of Odisha in consonance with the Section 35 of the Court Fees Act. Because, according to the learned counsel for the Appellant annual income of the Appellant is less than Rs.10,000/-. On that aspect, the learned counsel for the Appellant has filed the income certificate of the Appellant vide Misc. Certificate Case No.1445 of 2009 showing the income of the Appellant as Rs.10,000/-. But, this Second Appeal has been filed in the year 2015. Therefore, either any income certificate of the Appellant of the year 2015 or the any income certificate of this present year may be considered for exemption of Court fees. Therefore, the defects shown by the

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Registry for non-payment of Court fees by the Appellant is not rectified.

3. Learned counsel for the Appellant is directed to submit the fresh income certificate for rectification of such defects on the next date, failing which, Appeal will proceed as per law.

                                                                                (A.C. Behera)
                                                                                    Judge

                                                               ORDER
              Order No.                                       17.10.2023
                   08.                                 Misc. Case No.230 of 2015

1. This Misc. Application is disposed of as per the noting of the Registry. Because, in the meantime, the Appellant has filed certified copy of the Trial Court judgment.

                                                                                (A.C. Behera)
                                                                                   Judge

                                                                ORDER
              Order No.                                        17.10.2023
                   09.                                    R.S.A. No.28 of 2015

1. List this matter on 28.11.2023.

(A.C. Behera) Judge

Utkalika

Signature Not Verified Digitally Signed Signed by: UTKALIKA NAYAK Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa