Sabyasachi Bhattacharyya, J. - (1.) The principal defendant in a declaratory suit has filed the present revisional application against an order whereby the petitioner s application under Section 11 of the West Bengal Court Fees Act, 1970 (hereinafter referred to as the 1970 Act ) was rejected. The said suit was filed for the following reliefs: a) for a declaration that nothing is due and payable by the plaintiff to the defendant no.1 on account of business deal for the period between 29/11/2012 and 09/09/2013 and/or for any period whatsoever. b) for a further declaration that the defendant no. 1 is abided by the deed of settlement 27/11/2013 executed by its authorized agent and representative the proforma defendant No. 2. c) for permanent injunction restraining the defendant No. 1 from acting upon its Advocate s letter dated 27/10/2014. d) for all costs of the suit. e) for such other relief or reliefs to which the plaintiff is entitled to get under the law and equity.
(2.) The contention of the petitioner in the said application was that the Trial Court was to hold an enquiry under Section 11 of the 1970 Act to ascertain the proper valuation of the suit. It was alleged by the petitioner that, since the plaintiff/opposite party no. 1 had categorically stated that the defendant had claimed the sum of Rs. 16,60,25,449/- (Rupees Sixteen Crore Sixty Lakh Twenty Five Thousand Four Hundred Forty Nine) along with interest at the rate of 18 per cent per annum and the plaintiff sought to avoid such payment by filing the suit, full court fees on the said amount ought to be paid by the plaintiff.
(3.) Learned counsel for the petitioner, by relying on the averments made in the plaint, submitted that the entire suit was designed to restrain the defendant no. 1/petitioner from acting upon its advocate s letter dated October 27, 2014, which carried the claim of the aforesaid sum as well as contained a threat of suit in default of payment.;