(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) By this application, the appellant has prayed for leave to amend para 5 of the memo of appeal and for refund of the amount of excess Court fees that it has paid at the time of presentation of appeal.
2. It appears from para "H" of the original memorandum of appeal that the ground taken by the appellant was that the Tribunal committed an error of law in awarding excess amount of compensation of Rs. 3,67,200/- but erroneously paid Court fees on the entire amount of Rs. 10,04,200/- which is Rs. 25,000/-.
Since the appellant has restricted its claim in the appeal only to Rs. 3,67,200/-, it is required to pay Court fees on that amount and not on the entire awarded amount. It appears that according to the provisions of the relevant Court Fees Act, an amount of Rs. 11,350/- is the appropriate amount of Court Fees to be affixed on the memorandum of appeal for the purpose of preferring a claim of Rs. 3,67,200/-. Therefore, we find substance in the contention of Mr. Mehta that it is a fit case where a sum of Rs. 13,800/- being the excess amount of Court fees paid, should be refunded. We therefore direct the office to refund the aforesaid amount of Rs. 13,800/- to the appellant which was paid in excess.
The appellant is also permitted to amend the cause title and para 5 of the memorandum of appeal by making necessary amendment. The application is disposed of accordingly.
(Bhaskar Bhattacharya, Actg. C.J.) (J.B.
Pardiwala, J.) */Mohandas Top