Reg : appeal against notice of motion dismissed by bombay high court single bench judge
manish rama
(Querist) 22 March 2014
This query is : Resolved
I had filed a declaratory suit in mumbai high court and paid a stamp duty of 163,300 rupees on the value of the property , i got ad interim relief but my notice of motion got dismissed. I have some important questions please help me.
What will be the court fee for appeal against judgement of high court single bench judge?
how many days i need to file appeal in ?
What are the chances of winning in an appeal?
What are the stages of an appeal , some one told me first the senior judge has to approve then only your matter will be taken for hearing? is this true
How many times can one appeal also ? please let me know, some one told me there is single bench , double bench etc , please reply back
Devajyoti Barman
(Expert) 22 March 2014
It can be challenged in Supreme Court in SLP.
Appeal lies for once only.
Dr J C Vashista
(Expert) 23 March 2014
Mr. Manish,
You may contact some seasoned lawyer in Supreme Court as the appeal shall lie over there.
Answer to your query:
1.What will be the court fee for appeal against judgement of high court single bench judge?
Same as you paid in HC.
2. How many days i need to file appeal in ?
90 days
3. What are the chances of winning in an appeal?
Vague query. It depends upon various factors which cannot be assumed and predicted at this stage.
4. What are the stages of an appeal , some one told me first the senior judge has to approve then only your matter will be taken for hearing? is this true.
i. Academic query.
ii. No.
5. How many times can one appeal also?
Once.
6. please let me know, some one told me there is single bench , double bench etc.
No
manish rama
(Querist) 23 March 2014
Dear All.
Firstly i must thank you all experts for your prompt answers.
If i may inform that my lawyer said he is filing appeal in high court again in front of chief justice and another judge.
following is the format :
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO. OF 2014
IN
NOTICE OF MOTION NO. OF 2013
IN
SUIT NO.OF 2013
Please confirm if we are on right track???
As per all advices recieved i thought we can only appeal in supreme court , but my lawyer is filing appeal in high court ? what is the real answer please tell me
manish rama
(Querist) 23 March 2014
The suit was filed in high court in front of single bench judge who passed a order not in my favour. Previously we had got ad interim , but now the ad interim will also cancel in two weeks , because the case got dismissed.
Can we file appeal in high court or supreme court and what is the fee for appeal???
Devajyoti Barman
(Expert) 23 March 2014
LPA seems to have been filed.
Court fees are different from state to state.
Check with Stamp Collector of the court.
manish rama
(Querist) 23 March 2014
Dear Mr.Devajyoti
Thank you for the reply.
What do u mean by LPA has been filed ?
I thought we can file appeal only in Supreme Court & my lawyer has made documentation for high court appeal.
Is this correct ? Or are we on the wrong track?
Devajyoti Barman
(Expert) 23 March 2014
Letters Patent Appeal.
This arises out of judgement passed by Writ court.
T. Kalaiselvan, Advocate
(Expert) 25 March 2014
