J.C. Mishra, J. - (1.) This revision has been filed against the order passed by 1st Additional Civil Judge (Senior Division), Aligarh holding that the court fee paid is insufficient and directing the plaintiff to pay ad-valorem court fee at Rs. 94,41,000.
(2.) The opposite party has filed copy of the plaint along with counter-affidavit. The revisionist filed suit with following reliefs : (a) By passing a decree for mandatory injunction the defendants be directed to prepare the OCC account of plaintiff after giving due credit to the damages, caused to the plaintiff and strictly in accordance with the circulars issued by R.B.I. from time to time within the time specified by the Court. (b) Cost of the suit be awarded to the plaintiff and against the defendants. (c) Any other relief which the Hon'ble Court may deem fit under the circumstances of the case be also given to the plaintiff and against the defendants.
(3.) The plaintiff's case is that he had suffered damages on account of the action, inaction, negligence and violation of rules to the tune of Rs. 94,41,000. The details are furnished in paras 18 to 29 and some other paragraphs. Cause of action has been stated in para 23 of the plaint. It states that the plaintiff asked the defendants to prepare the O.C.C. account of the plaintiff after giving due credit to the damages caused to the plaintiff and strictly in accordance with the circulars issued by R.B.I. from time to time but on 10th October, 1998. they finally refused. Thus the relief claimed is of mandatory injunction directing the defendant-bank to prepare the O.C.C. account of the plaintiff after giving due credit to the damages caused to the plaintiff.;