1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2497 OF 2009 Shree Ravji Dhanji Shah & Ors. ..Petitioners. V/s. Rajashree Shelters Pvt.Ltd. & Ors. ..Respondents. Mr.Sanjay Fandhe i/b.Mr.Ashutosh Gole for Petitioners. Mr.G.S.Godbole i/b. Mr.Nitin Muley for Respondents. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : APRIL 4, 2009. DATE : APRIL 4, 2009. DATE : APRIL 4, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. The only argument canvassed in this Petition is that the order passed by the Trial Court, which is impugned in this Petition, does not consider the effect of prayer clauses (a) and (b) in the plaint. According to the Petitioners, the trial Court ought to have directed the Plaintiffs/Respondents to pay further Court fee in the context of prayer clauses (a) and (b). It is well established position that the Trial Court has ample power to direct the Plaintiffs to pay deficit court fee at any stage. 3. It is for the trial Court at the appropriate 2 stage to consider whether the amount of court fee already affixed by the Plaintiffs at the time of presentation of plaint and further amount paid in terms of the impugned order is adequate to even cover reliefs under causes (a) and (b) of the plaint. If the Trial Court is of the view that the Plaintiffs are obliged to pay further court fee, may direct the Plaintiffs to do so at the appropriate stage. 4. Except what has been observed above, no further investigation into this matter is necessary. 5. Petition is disposed of on the above terms. 6. Needless to observe that the issue of payment of adequate court fee or deficit court fee should not be an inhibition for the Trial Court to decide the application for interim relief taken out by the Plaintiffs, if any. That will have to be decided in accordance with the law. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)