6 WP-7769-26.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7769 OF 2026 Mohammed Akbar Vohra & ors. ..Petitioners Versus Mak Auto Sales …Respondent Mr. A S Pal i/b Idris M Vohra, for the Petitioners. CORAM : N. J. JAMADAR, J. DATE : 10th July 2026 P.C.: 1. Heard the learned Counsel for the petitioners. 2. The challenge in this petition is to an order dated 22nd May, 2026 passed by the learned Civil Judge whereby the learned Civil Judge did not accede to the prayer of the petitioner to direct the plaintiff to pay the requisite Court fees under the designated and appropriate head, failing which reject the plaint. 3. The learned Civil Judge has recorded that, though the Court fee was paid under the wrong head, the same has been defaced and the amount has been deposited as the Court fee in the suit. SAINATH 1/2 SAINATH SANJAY BODKHE Digitally signed by SAINATH SANJAY BODKHE Date: 2026.07.13 14:48:07 +0530 6 WP-7769-26.DOC 4. It seems that, the Court fee amount was credited under an incorrect head. However, the learned Civil Judge was justi>ed in looking at the substance of the matter rather than the form. Since the amount credited under an incorrect head has been deposited as Court fee, there is no substance in the objection of the Petitioners-Defendants. 5. Resultantly, the Writ Petition stands dismissed. [N. J. JAMADAR, J.] SAINATH 2/2