IN THE HIGH COURT OF JUDICATURE OF MUMBAI
APPELLATE SIDE
AT MUMBAI
APPEAL FROM ORDER NO. _______ OF 2018
FROM DISTRICT : PUNE
IN THE MATTER OF
PROVISIONS OF THE
CODE OF CIVIL
PROCEDURE, 1908
APPELLANTS
VERSUS
The State of Maharashtra.
RESPONDENTS
[VALUE OF THE SUBJECT
MATTER FOR THE PURPOSE
OF COURSE FEE AND FOR
THE PURPOSE OF
JURISDICTION IS RS. 1000/-]
TO,
THE HONOURABLE CHIEF JUSTICE
AND THE COMPANION HONOURABLE
JUDGES OF THE HIGH COURT
OF JUDICATURE OF MUMBAI,
APPELLATE SIDE
AT MUMBAI.
THE ABOVE NAMED APPELLANTS MOST RESPECTFULLY
SHEWETH:
Feeling aggrieved by the Order passed ------------------------ that the
Appellants are approaching this Honourable Court under the
Provisions of Section 104 read with Order 43 Rule 1 of the Code of
Civil Procedure Code 1908 , on following amongst other grounds,
which grounds are taken without prejudice to each other.
GROUNDS OF OBJECTION
1. The Appellants submit that
2. .
Hence this Appeal from Order.
ADVOCATE FOR THE APPELLANTS
PLACE//
DATE//
NOTES
1. Limitation:
The impugned Judgment and Orders were passed on 28 th
November 2012 and thereafter, the Appellant has applied for
certified copy on November 2018 and the same was
delivered on December 2018 to the Appellant. Therefore,
there is no delay in filing the present Arbitration Appeal and
the same is filed within time.
2. Caveat:
Applicant has not received any notice of caveat application for
the Respondents till date.
3. Jurisdiction:
The Impugned Judgment and Orders dated 28 th November 2018
is passed by the Learned 10th Joint Civil Judge Pune, in RCS
No. 1828 of 2018, below Exhibit-5 and this Honorable Court
has jurisdiction to entertain and try the present Appeal under
Section-100 of the Civil Procedure Code, 1908.
4. Valuation:
The Appellant has filed under Section-100 of the Civil
Procedure Code, 1908 and valuation of the Appeal is Rs. 300/-
and fixed Court of Rs. 25/- as per Schedule I, Article 1 of the
Bombay Court Fees Act, 1959.
5. Court Fees:
The Appellant has also paid the Court fee of Rs. 300/- as per
Schedule I, Article 1 of the Bombay Court Fees Act, 1959.
6. Proceeding in other Courts:
The Appellant has not filed any other Appeal, Revision or
petition either in this Honourable Court or in the Honourable
Supreme Court of India challenging the impugned order.
7. Along with the memo of Appeal, the true copy of the Judgment
and order dated _____________ is enclosed to the memo of
this appeal and is marked as EXHIBIT-A. Copy of the Memo
of RCS No. ____________is enclosed to the memo of this
appeal and marked as EXHIBIT-B. The Original certified
copies of the Judgment and order also presented separately.
8. The subject matter of the present Appeal does not fall under the
provision of the Commercial Court, Commercial Division and
Commercial Appellate Division of the High Court’s Act, 2015.
9. The provisions of the Section-89 of the Registration Act, 1908
are not applicable to the subject matter of the present
Arbitration Appeal.
10. The Appellant has no other alternative, equally efficacious and/
or speedy remedy but to approach this Honourable Court,
except by way of this Arbitration Appeal.
11. The Appellants crave leave to refer and rely upon the document
when produced.
12. The Appellant may be allowed to amend, add or remove any of
the grounds as prayed herein above.
ADVOCATE FOR THE APPLICANT
PLACE// MUMBAI
DATE -
B/96/
IN THE HIGH COURT OF JUDICATURE OF MUMBAI
APPELLATE SIDE
AT MUMBAI
APPEAL FROM ORDER NO. _______ OF 2018
FROM DISTRICT : PUNE
APPELLANTS
VERSUS
The State of Maharashtra and others
RESPONDENTS
-: I N D E X :-
SR. EXHI- PARTICULARS PAGES
NO. BITS FROM TO
1 SYNOPSIS AND LIST OF DATES
2 MEMO OF THE APPEAL FROM
ORDER.
3 A True copy of the judgment and order
dated
4 B Text copy of the memo of RCS No.
LAST PAGE
ADVOCATE FOR THE APPELLANTS
PLACE
DATED
IN THE HIGH COURT OF JUDICATURE OF MUMBAI
APPELLATE SIDE
AT MUMBAI
APPEAL FROM ORDER NO. _______ OF 2018
FROM DISTRICT : PUNE
APPELLANTS
VERSUS
The State of Maharashtra and others
RESPONDENTS
SYNOPSIS
[ I ] CHALLENGE IN BRIEF :-
Feeling aggrieved by the Order passed -------------------that the
Appellants are approaching this Honourable Court
[ II ] LIST OF DATES :-
Sr. Date Events and Particulars
No.
1.
2.
3.
4. Hence this Appeal from order.
[ III ] POINTS TO BE URGED :-
[IV] RELEVANT STATUTORY PROVISION
PROVISIONS OF THE CODE OF CIVIL PROCEDURE, 1908
[E] CASE LAW
NIL AT PRESENT.
ADVOCATE FOR THE APPELLANTS
PLACE// BOMBAY
DATED//
