1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1574 OF 2003 NOTICE OF MOTION NO.1574 OF 2003 NOTICE OF MOTION NO.1574 OF 2003 IN IN IN SUIT NO.3924 OF 2000 SUIT NO.3924 OF 2000 SUIT NO.3924 OF 2000 Mrs.Indumati Ramu Patil ...Plaintiff Vs. Smt. Suchita S. Patil & Ors. ...Defendants ----- None for Plaintiff Mr. P.G. Lad for Defendants CORAM: SMT.R.S.DALVI,J. CORAM: SMT.R.S.DALVI,J. CORAM: SMT.R.S.DALVI,J. DATED: 4TH AUGUST, 2005 DATED: 4TH AUGUST, 2005 DATED: 4TH AUGUST, 2005 P.C. P.C. P.C. 1. This Notice of Motion has been taken out since 1. This Notice of Motion has been taken out since 1. This Notice of Motion has been taken out since May, 2003. The Plaintiff has remained absent, even on May, 2003. The Plaintiff has remained absent, even on May, 2003. The Plaintiff has remained absent, even on earlier two dates of hearing. The Plaintiff seeks earlier two dates of hearing. The Plaintiff seeks earlier two dates of hearing. The Plaintiff seeks relief of injunction in respect of the flat left by relief of injunction in respect of the flat left by relief of injunction in respect of the flat left by the deceased son in which the Defendant, the wife of the deceased son in which the Defendant, the wife of the deceased son in which the Defendant, the wife of the deceased is residing as also for deposit of the the deceased is residing as also for deposit of the the deceased is residing as also for deposit of the amounts aggregating to the Plaintiff’s 50% share in amounts aggregating to the Plaintiff’s 50% share in amounts aggregating to the Plaintiff’s 50% share in various other movable properties, namely LIC Policy, various other movable properties, namely LIC Policy, various other movable properties, namely LIC Policy, Bank Account, Securities, employment dues, death claim Bank Account, Securities, employment dues, death claim Bank Account, Securities, employment dues, death claim settlement as well as for declaration of certain settlement as well as for declaration of certain settlement as well as for declaration of certain pension which would have been paid to the Plaintiff pension which would have been paid to the Plaintiff pension which would have been paid to the Plaintiff had the Defendant not been herself earning. had the Defendant not been herself earning. had the Defendant not been herself earning. 2. The Plaintiff claims similar reliefs in the 2. The Plaintiff claims similar reliefs in the 2. The Plaintiff claims similar reliefs in the suit upon the estate as was known to her at the time suit upon the estate as was known to her at the time suit upon the estate as was known to her at the time of the suit. The plaintiff valued certain reliefs and of the suit. The plaintiff valued certain reliefs and of the suit. The plaintiff valued certain reliefs and 2 undertook to pay further Court fees upon further undertook to pay further Court fees upon further undertook to pay further Court fees upon further valuation being made. valuation being made. valuation being made. 3. Pending the suit the Plaintiff has amended the 3. Pending the suit the Plaintiff has amended the 3. Pending the suit the Plaintiff has amended the plaint and set out further estate of her deceased son. plaint and set out further estate of her deceased son. plaint and set out further estate of her deceased son. such further estate has been specifically shown by way such further estate has been specifically shown by way such further estate has been specifically shown by way of liquidated amounts. The Plaintiff’s 1/2 share in of liquidated amounts. The Plaintiff’s 1/2 share in of liquidated amounts. The Plaintiff’s 1/2 share in that estate has also been quantified. However, that estate has also been quantified. However, that estate has also been quantified. However, further Court fees is not paid upon such additional further Court fees is not paid upon such additional further Court fees is not paid upon such additional estate for which the Plaintiff claims reliefs in this estate for which the Plaintiff claims reliefs in this estate for which the Plaintiff claims reliefs in this Notice of Motion by way of mandatory deposits Notice of Motion by way of mandatory deposits Notice of Motion by way of mandatory deposits. 4. Prayer (a) relates to the residential flat of 4. Prayer (a) relates to the residential flat of 4. Prayer (a) relates to the residential flat of the deceased in which the Defendant resides and the deceased in which the Defendant resides and the deceased in which the Defendant resides and injunction restraining the Defendant from transferring injunction restraining the Defendant from transferring injunction restraining the Defendant from transferring or creating third party rights therein as already been or creating third party rights therein as already been or creating third party rights therein as already been granted. granted. granted. 5. Various deposits which the Plaintiff claims 5. Various deposits which the Plaintiff claims 5. Various deposits which the Plaintiff claims under reliefs (b),(c) and (d) can be granted only under reliefs (b),(c) and (d) can be granted only under reliefs (b),(c) and (d) can be granted only after advalorum Court fee is paid on the amounts of after advalorum Court fee is paid on the amounts of after advalorum Court fee is paid on the amounts of the estate the estate the estate valued in that regard. valued in that regard. valued in that regard. 6. The Plaintiff’s claim for declaration of 6. The Plaintiff’s claim for declaration of 6. The Plaintiff’s claim for declaration of pension before the Regional Provident Fund pension before the Regional Provident Fund pension before the Regional Provident Fund Commissioner under the specific provident fund scheme Commissioner under the specific provident fund scheme Commissioner under the specific provident fund scheme under prayer (e) of the Notice of Motion cannot be under prayer (e) of the Notice of Motion cannot be under prayer (e) of the Notice of Motion cannot be allowed by this Court. The Plaintiff is required to allowed by this Court. The Plaintiff is required to allowed by this Court. The Plaintiff is required to make an application in that behalf before the relevant make an application in that behalf before the relevant make an application in that behalf before the relevant 3 authority. authority. authority. 7. Since the Plaintiff has not paid Court fees 7. Since the Plaintiff has not paid Court fees 7. Since the Plaintiff has not paid Court fees upon the suit as valued by herself, Mr. Lad upon the upon the suit as valued by herself, Mr. Lad upon the upon the suit as valued by herself, Mr. Lad upon the Court’s request has undertaken the exercise of showing Court’s request has undertaken the exercise of showing Court’s request has undertaken the exercise of showing further Court fees which are required to be paid. The further Court fees which are required to be paid. The further Court fees which are required to be paid. The total additional Court fees payable by the Plaintiff total additional Court fees payable by the Plaintiff total additional Court fees payable by the Plaintiff aggregates to Rs.13,405/-. Unless the Plaintiff pays aggregates to Rs.13,405/-. Unless the Plaintiff pays aggregates to Rs.13,405/-. Unless the Plaintiff pays the relevant Court fees the Plaint itself is liable to the relevant Court fees the Plaint itself is liable to the relevant Court fees the Plaint itself is liable to be rejected. Until the additional Court fees is paid be rejected. Until the additional Court fees is paid be rejected. Until the additional Court fees is paid no further relief also can be granted to the no further relief also can be granted to the no further relief also can be granted to the Plaintiff. Hence, the following order:- Plaintiff. Hence, the following order:- Plaintiff. Hence, the following order:- O R D E R O R D E R O R D E R . There shall be no order on this Notice of . There shall be no order on this Notice of . There shall be no order on this Notice of Motion. No order as to costs. Motion. No order as to costs. Motion. No order as to costs. . The Plaintiff shall pay additional Court fees . The Plaintiff shall pay additional Court fees . The Plaintiff shall pay additional Court fees of Rs.13,405/- within two weeks from today upon the of Rs.13,405/- within two weeks from today upon the of Rs.13,405/- within two weeks from today upon the valuation made by herself under the various heads of valuation made by herself under the various heads of valuation made by herself under the various heads of estate of her deceased son, failing which the Plaint estate of her deceased son, failing which the Plaint estate of her deceased son, failing which the Plaint shall be rejected. shall be rejected. shall be rejected. (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.) 4