Whether plaintiff must pay ad valorem court fees if he is challenging demand notice issued by municipal corporation for specific amount?

 Suit R.C.S. No. 26 of 2021 has been filed challenging the

notice dated 21.06.2021. By this notice a demand has been

raised by the Municipal Corporation for a sum of Rs. 7,57,203/-

seeking reimbursement of expenses incurred in cleaning the

nallah on the basis that it was obligation of the petitioner to

clean the nala, and as the obligation was not complied by the

petitioner, the said work was undertaken by the Municipal

Corporation.{Para 6}

7. It is clear that although one of grounds of challenge is to

the obligation of the Municipal Corporation by relying upon the

provisions of the Corporation Act, what has been challenged in

effect is a demand notice which has been issued by the Municipal

Corporation seeking to recover the amount. In my view, the

submissions raised by the learned counsel for the petitioner as

regards the authority of the corporation and on the lease deed

are in fact grounds in support of the challenge to the demand

notice. The subject matter of the suit has been valued at Rs.

1,000/- on the ground that the petitioner is claiming declaration

and the notice is not susceptible to the monetary valuation and

as such has been valued under Section 6(iv)(a) of the

Maharashtra Court Fees Act. In my view since the demand

notice which is under challenge seeks to recover a monetary

component, it cannot be said that notice is not susceptible to

monetary valuation as submitted.

10. In my view, the Petitioner seeks adjudication of demand

notice seeking to recover a sum of Rs. 7,57,203/ which is capable

of monetary valuation and hence the impugned order directing

to value the suit as per the provisions of Section 6(iv)(a) of the

Maharashtra Court Fees Act is proper and deserves no

interference at the hands of this Court.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 3692 OF 2022

The Aurangabad Jilha Chemists and Druggists Association Vs

The Municipal Corporation, Aurangabad

CORAM : SHARMILA U. DESHMUKH, J.

DATE : 16TH JANUARY, 2023.

Citation: 2023 Lawweb (Bom HC ) 13.

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Whether plaintiff is required to pay Advaloram court fees if he has only filed suit for registration of sale deed?

 In this case, plaintiff is seeking appropriate directions to the authorities to register the sale deed dated 1st February, 2011 and thus, it was not a comprehensive suit, being not coupled with any other reliefs. In the given set of facts, the subject matter of the dispute being not susceptible of monetary valuation, it is subject to valuation under clause (j) of Section 6 of the Maharashtra Court-fees Act.

IN THE HIGH COURT OF BOMBAY

Writ Petition No. 5426 of 2012

Decided On: 05.07.2019

Prakash Nandkishor Bhalke  Vs.  The Joint District Registrar, Photozinco Premises 

Hon'ble Judges/Coram:

Sandeep K. Shinde, J.

Citation: 2020(1) MHLJ 646

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