VINOD VYANKAT Vs. SUNIL D POSHETTIWAR

JUDGEMENT

(1.) BY way of present petition, the petitioner impugnes the order dated 11th September, 2003 below Exh. 16 in Regular Civil Suit No. 806 of 2003, passed by the 4th Joint Civil Judge, Junior Division, Nagpur, thereby allowing the application filed by the respondent Nos. 2 and 3 under section 9-A of the C. P. C. and held that the Court fee payable on the said suit was payable under Item No. 7 of Schedule 1 of the Bombay Court fees Act, 1959 (hereinafter referred as the said Act) and not under section 6 (iv) (j) of the said Act.

(2.) THE facts, in brief, out of which the present petition arises are as under: that, the petitioner herein in partnership with the defendant No. 1 was carrying out the partnership business in the name of M/s. P. G. Pharma. The said firm was carrying on the business of carrying and forwarding agency. The said firm was engaged by the respondent Nos. 2 and 3, herein the original defendants No. 2 and 3 as its carrying and forwarding agents.

(3.) IT appears that since there was some dispute between the petitioner-plaintiff and the respondent No. I/defendant No. 1 with relation to certain business transaction, it was agreed between them that they would dissolve the partnership. The plaintiff and defendant No. 1 therefore, entered into memorandum of Understanding dated 7th April, 2003. The relevant term, for the adjudication of the present matter in the said Memorandum of understanding reads as under :