1 1 1 IN THE HIGH COURT OF JUDIATURE AT BOMBAY IN THE HIGH COURT OF JUDIATURE AT BOMBAY IN THE HIGH COURT OF JUDIATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1061 OF 2004 WRIT PETITION NO.1061 OF 2004 WRIT PETITION NO.1061 OF 2004 Shrikrishna Vinayak Sathe & Anr. .. Petitioners Vs. Lt.Col.Maire Venkatramana Nayak (Retd.) and Ors. .. Respondents. Mr.S.G.Karandikar for the petitioner. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 17TH FEBRUARY, 2005 DATED : 17TH FEBRUARY, 2005 DATED : 17TH FEBRUARY, 2005 P.C.: . Heard Mr.Karandikar, learned counsel for the petitioner. 2. The petitioner-defendant no.6 has impugned the order dated 11.9.1997 by which his application - ‘Exhibit 23’ filed in Special Civil Suit No.1009/1997 came to be rejected. That application was - filed for seeking directions against the respondent-plaintiff to pay Court fee stamp on the claim submitted by him. The plaintiff was exempted from paying Court fees based on the Notification No.CTF.1771/83959-M-1, dated 2.3.1977 published in Government Gazette and on section 21(1)(a) of the Army Act, 1950. Admittedly, the respondent is 2 2 2 ex-serviceman/retired service man. Mr.Karandikar, learned counsel for the petitioner could not and did not point out any infirmity in the impugned order which was passed relying on the aforementioned notification. I find no reason to interfere with the order impugned in the present writ petition. The writ petition, therefore, fails and is dismissed as such. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)