Ganpati Multi Commodity Business ... vs Smt. Rekha Rani Agarwal
2021 Latest Caselaw 10261 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Civil Writ Petition No. 4630/2021

1. Kamla Devi W/o Shri Prem Kumar D/o Shri Rawat Mal, Aged About 64 Years, By Caste Agarwal, Resident Of 2/6, Nagpal Colony, Sri Ganganagar.

2. Pankaj Agrawal S/o Shri Prem Kumar, Aged About 38 Years, By Caste Agrawal, Resident Of 2/6, Nagpal Colony, Sri Ganganagar.

3. Smt. Rekha Rani Agrawal W/o Shri Pradeep Kumar, Aged About 40 Years, By Caste Agrawal, Resident Of 2/6, Nagpal Colony, Sri Ganganagar.

----Petitioners Versus

1. M/s Ganpati Multi Commodity Bussiness Pvt. Ltd., Registered Office At 45 K Block, Sri Ganganagar, Through Its Director, Shri Amit Mittal, S/o Shri Shri K.c. Mittal, By Caste Mittal, Resident Of 47, K Block, Sri Ganganagar.

2. Divyam Agrawal (Minor) S/o Shri Pradeep Kumar, Through Its Natural Mother Smt. Rekha Rani Agrawal, W/o Shri Pradeep Kumar, By Caste Agrawal, Resident Of 2/6, Nagpal Colony, Sri Ganganagar.

----Respondents Connected With

S.B. Civil Writ Petition No. 588/2020

Ganpati Multi Commodity Business Pvt. Ltd., Registered Office At 37 K Block, Sri Ganganagar Through Its Director Devender Mittal S/o Kc Mittal, Aged About 51 Years, Resident Of 37 K Block, Sri Ganganagar.

----Petitioner Versus

1. Smt. Rekha Rani Agarwal W/o Pradeep Kumar, 2/6 Nagpal Colony, Sri Ganganagar At Present Residing At Sector 3, House No.g-3, Jawahar Nagar, Sri Ganganagar.

(2 of 3) [CW-4630/2021]

2. Monika Goyal W/o Roopesh Goyal, 2/12 Shanker Colony, Sri Ganganagar.

3. Prem Kumar S/o Ram Kumar, 2/6 Nagpal Colony, Sri Ganganagar, At Present Residing At Sector No.3, House No.3-G, Jawahar Nagar, Sri Ganganagar.

4. Pawan Kumar S/o Mohan Lal, House No.74 E Block, Near Addition Mandi Ward No.30, Sirsa, Haryana.

5. Pradeep Kumar S/o Prem Kumar, 2/6 Nagpal Colony, Sri Ganganagar, At Present Residing At Sector No.3, House No.g-3, Jawahar Nagar, Sri Ganganagar.

6. Pankaj Agarwal S/o Prem Kumar, 2/6 Nagpal Colony, Sri Ganganagar, At Present Residing At Sector No.3, House No.g-3, Jawahar Nagar, Sri Ganganagar.

7. Rupesh Kumar Goyal S/o Gajanand, House No.2/12, Shanker Colony, Sri Ganganagar.

                                                                ----Respondents


For Petitioner(s)         :    Mr. Manoj Bhandari with Mr. Aniket
                               Tater in SBCWP No.4630/2021

For Respondent(s)         :    Dr. Sachin Acharya with Mr. Jitendra
                               Mohan     Choudhary    in    SBCWP
                               No.4630/2021

For Petitioner(s)    :         Dr. Sachin Acharya with Mr. Jitendra
                               Mohan     Choudhary    in    SBCWP
                               No.588/2020

For Respondent(s)     :        Mr. Manoj Bhandari with Mr. Aniket
                               Tater in SBCWP No.588/2020

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

07/07/2021

In these writ petitions, the question regarding

payment of court fee is involved in relation to suits filed

by the plaintiff - M/s Ganpati Multi Commodity Business

Pvt Ltd. As per the plaintiff, it is required to pay court fee

as per the provisions of Section 24(e) of the Rajasthan

(3 of 3) [CW-4630/2021]

Court Fees and Suit Valuation Act, 1961 (for short 'the

Act of 1961') whereas, the defendants are claiming that

the plaintiff is required to pay the court fee as per

Section 24(b) of the Act of 1961.

The trial court as well as the appellate court held in

favour of the defendants and directed the plaintiff to pay

the court fee as per Section 24(b) of the Act of 1961.

Learned counsel for the parties have relied upon

various judgments of this Court as well as other High

Courts and the decision of the Hon'ble Supreme Court.

The matter requires consideration.

Admit.

Notices need not be issued as the parties are

represented through their respective counsel.

In the meantime, further proceedings in connection

with Civil Original Suit Nos.51/2019 and 58/2019 pending

in the court of Addl. Civil Judge No.1, Sri Ganganagar

shall remain stayed till further orders.

It is further directed that the defendants are

restrained from creating any third party right in relation

to the properties involved in the suits till further orders.

List the matters for final disposal in the third week of

September, 2021.

(VIJAY BISHNOI),J

9-10 ms rathore

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