Ajith Kumar (Otehr) 14 March 2012

Is court fee remitted refundable in this case ?

This question is for my friend,

My friend has filed a money suit against a society and remitted 1/10^th of the suit amount as court fee. But latter in an out court settlement, the society gave full amount to my friend. So he filled a memo before the court for withdrawing his case and court dismissed the case accordingly.

My friend has the following doubts:

Is 1/10^th of the suit amount he made as court fee refundable? If refundable, can you please provide relevant sections in the Act or Rule? What are the procedures for getting the court fee amount back?

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5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 14 March 2012

S.16 court fees act allows refund of court fees only in event of a settlement - by ADR (S.89 of the CPC)

Section : 16. Refund of fee.-Where the Court refers the parties to the suit to anyone of the mode of settlement of dispute referred to in section 89 of the Code of Civil Procedure, 1908 (5 of 1908), the plaintiff shall be entitled to a certificate from the Court authorising him to receive back from the collector, the full amount of paid in respect of such plaint.

Shantilal Pandya ( Advocate) 14 March 2012

The court fees is refundable in certain contigencies , The refund due to resort to ADR may an incentive aspect so that the paries may be prompted for resorting to ADR machinery, the court fees law is also a state subject and generally almost all states have provided for refunds of court fees it may differ from state to state , for an example The Gujarat Court fees Act provides that

CHAPTER VI

MISCELLANEOUS

43. (1) When any suit in a Court is settled by agreement of parties

before any evidence is recorded, or any appeal or cross objection is settled

by agreement of parties before it is called on for effective hearing by the

Court, half the amount of the fee paid by the plaintiff, appellant, or

respondent on the plaint, appeal or cross objection, as the case may be, shall

be repaid to him by the Court :

Provided that no such fee shall be repaid if the amount of fee paid

does not exceed one hundred rupees or the claim for repayment is not made

within one year from the date on which the suit, appeal or cross objection

was settled by agreement.

(2) The State Government may, from time to time, by order, provide for

repayment to the plaintiffs, appellants or respondents of any part of the fee

paid by them on plaints, appeals or cross objections, in suits or appeals

disposed of under such circumstances and subject to such conditions as may

be specified in the order.

Explanation.- For the purpose of this section, effective hearing shall

exclude the dates when the appeal is merely adjourned without being heard

or argued

.....Regards

Shantilal Pandya ( Advocate) 14 March 2012

Originally posted by :Shantilal Pandya
"	The court fees is refundable in certain contigencies , The refund due to resort to ADR may be an incentive aspect so that the paries may be prompted for resorting to ADR machinery, the court fees law is also a state subject and generally almost all states have provided for refunds of court fees it may differ from state to state , for an example The Gujarat Court fees Act provides that CHAPTER VI MISCELLANEOUS 43. (1) When any suit in a Court is settled by agreement of parties before any evidence is recorded, or any appeal or cross objection is settled by agreement of parties before it is called on for effective hearing by the Court, half the amount of the fee paid by the plaintiff, appellant, or respondent on the plaint, appeal or cross objection, as the case may be, shall be repaid to him by the Court : Provided that no such fee shall be repaid if the amount of fee paid does not exceed one hundred rupees or the claim for repayment is not made within one year from the date on which the suit, appeal or cross objection was settled by agreement. (2) The State Government may, from time to time, by order, provide for repayment to the plaintiffs, appellants or respondents of any part of the fee paid by them on plaints, appeals or cross objections, in suits or appeals disposed of under such circumstances and subject to such conditions as may be specified in the order. Explanation.- For the purpose of this section, effective hearing shall exclude the dates when the appeal is merely adjourned without being heard or argued .....Regards	"