Respected Lawyers,
Kindly resolve my query related to refund of court-fees on withdrawal of lawsuit.
Brief Facts of the Case: I instituted a summary civil suit under Order XXXVII of CPC in the Court of Civil Judge (Senior Division) in Vashi(Navi Mumbai) in the state of Maharashtra. I had filed the suit with the court's registry on Sept,13th of 2017. I was told by the staff at court's registry that first hearing of my case will be on September, 27th of 2017. In the meantime, I informed the defendant (opposite party) that I have filed the case against him. On September, 26th the defendant paid the amount claimed by me in the suit thereby requesting to withdraw the case. I couldn't attend the hearing at the Court on Sept, 27th. The matter has been posted for 22nd Novemeber.
My Query is as follows :-
1. Can I move an application for withdrawing the lawsuit? I have paid the court-fees but yet to pay the process fee.
2. Under which provision of civil procedure code can I apply to the Court for withdrawing the lawsuit ?
3. Can court fees paid by me during the institution of lawsuit be refunded in case the court permits me to withdraw the suit ? (I paid Rs. 3,200/- towards court-fees while filing the case)
4. How much court-fees can be refunded if court-fees are paid via fees impressed on stamp paper of Rs. 3,000/- ? Remaining Rs. 200/- was paid by adhesive court-fee stamps.
5. Will I have to move a separate application for refund of court-fees? Which provision of Bombay Court Fees Act, 1959 needs to invoke while moving an application for refund of court-fees?
Thanks & Regards,
Vishal Saha (Party-in-person/Plaintiff)
