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Excess court fee deposited in court how can to recover it
19-Oct-2023 (In Civil Law)
Civil suit pertains to period between Aug 1, 2012 and Oct 2013 lodged in Delhi High Court. In terms with the Court Fee Amendment act 2012, higher fee almost (4 fold) was deposited by me with HC registrar. (Writ Petition WP (C) No. 4770/2012 filed by DHCBA) In Oct 2013, Delhi High Court ordered quashing of the Act. However, the matter is seems to be in Supreme Court. Whereas new litigants (after Oct 2013) are allowed to lodge suit and deposit old court fees and submit undertaking for balance payment on SC decision, old litigants (Aug 1, 2012 and Oct 2013) are stuck up with excess fees deposited but not refunded by HC. This is unjust. 1) How to seek refund of excess court fees deposited by me? 2) What is the Case no. of this matter going at Supreme Court level ? 3) What is the status of validity of Delhi Court fee amendment act 2012? 4) Is Delhi HC issuing notification for refunding the excess Court fees to litigants who had deposited the excess fee?
No notification is issued for the refund of excess court fee. You may file a writ in the HC along with the orders of the supreme Court and claim the balance of the excess court fee paid to the HC registry.
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Adv. Lalit Valecha
Delhi | 100+ Answers
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Amendment Act is struck down as unconstitutional. Judgement of High Court does contain a positive direction for refund of Court Fee collected. But as leave is granted by Supreme Court with a positive direction to take undertaking coupled with the fact that enhanced court fee was by an Act and not rule, Supreme Court has saved the action of Government in collecting the enhanced court fee and is frozen till the Appeal in Supreme Court is decided.
To my information no Notification for refund is given and need be given in the above circumstances. If no Notification question of procedure for Refund does not arise.
Against the judgment of Delhi High Court, Civil Appeal 10478-10480 of 2013 is pending in Supreme Court despite applications for early hearing. However, case is likely to be listed on Tuesday the 26th October 2016.
To my information no Notification for refund is given and need be given in the above circumstances. If no Notification question of procedure for Refund does not arise.
Against the judgment of Delhi High Court, Civil Appeal 10478-10480 of 2013 is pending in Supreme Court despite applications for early hearing. However, case is likely to be listed on Tuesday the 26th October 2016.
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Adv. Sumanth Nookala
Delhi | 25+ Answers
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