1 dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.6142 OF 2007 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s Orders orders or directions and Registrar’s orders. ------------------------------------------------------------- Mr.S.G.Deshmukh for the petitioner. Mr.Pratap Patil for respondent no.1 Mr.Abhijit J. Kozdarkar for respondents 2 to 5. CORAM : ANOOP V. MOHTA, J. DATED : 01.12.2008 P.C. The petitioner has challenged the impugned order whereby as the petitioner/defendant though filed written statement along with counter claim, could not pay the deficit court fee on counter claim and, therefore, written statement as filed is only accepted and not the counter claim. As per the petitioner, the counter claim is relevant and material to decide his case. There is delay in filing this application even to pay the deficit court fee on the counter claim, but the fact just cannot overlooked is that the original defendant is no 2 more. The matter is now transferred from Sangli court to Civil Judge, j.D., Tasgaon. It is not that there was no intention to pay so called court fee, but for want of specific order on earlier occasion, it remained to be unpaid. Any way, without going further into the merits of the matter, as court can consider the aspect of court fee at any stage of the proceedings and admittedly the present stage is that the issues are just framed and further trial is pending. Taking all this into account, I see there is no reason not to allow the petitioner to pay the deficit court fee. Therefore, the prayer of petitioner to pay court fee is allowed. The petitioner to pay deficit court fee within four weeks from today. The matter be proceeded accordingly. The petition is accordingly allowed. No costs. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]