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How to enforce the court order for refund of court fees
16-Dec-2023 (In Recovery Law)
A recovery suit was settled during mediation proceedings. The Hon'ble court ordered for a complete Refund of the ad valorem court fees deposited. The certified copy of the court order has been collected. However, when I presented it to the treasury they asked me to approach the SDM of the area pertaining to the suit property. Can anyone guide me that after procuring a certified copy of the court order what do I need to do? and if I have to file any application before the area SDM for a refund? (P.S The matter pertains to Tis Hazari court and the concerned SDM in the matter is the SDM of Karol Bagh.)
Dear Querist,
I have gone through your query and have understood the issue involved.Under Section 16 of the Court Fee Act,1870, it is clearly mentioned that after a dispute is settled under Section 89 of the Civil Procedure Code (i.e. settlement of a dispute through Arbitration, Conciliation or Mediation) the Plaintiff shall be entitled to a certificate from the court authorising him to receive the full amount from the collector, in your case, yes, you have to file an application before the SDM (Karol Bagh) for the refund. Section 16 of the Court Fee Act, 1870 has been reproduced here under for your kind perusal: Section 16. Refund of fee.-Where the Court refers the parties to the suit to anyone of themode 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 authorisinghim to receive back from the collector, the full amount of paid in respect of such plaint. Hope this answers your query. Please feel free to contact me if you require any further clarifications regarding the same.
I have gone through your query and have understood the issue involved.Under Section 16 of the Court Fee Act,1870, it is clearly mentioned that after a dispute is settled under Section 89 of the Civil Procedure Code (i.e. settlement of a dispute through Arbitration, Conciliation or Mediation) the Plaintiff shall be entitled to a certificate from the court authorising him to receive the full amount from the collector, in your case, yes, you have to file an application before the SDM (Karol Bagh) for the refund. Section 16 of the Court Fee Act, 1870 has been reproduced here under for your kind perusal: Section 16. Refund of fee.-Where the Court refers the parties to the suit to anyone of themode 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 authorisinghim to receive back from the collector, the full amount of paid in respect of such plaint. Hope this answers your query. Please feel free to contact me if you require any further clarifications regarding the same.
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Adv. Deependra Singh
Delhi | 25+ Answers
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As per law the refund certificate needs to be countersigned by the Collector/Dy. Collector/SDM etc. and then it has to be submitted to treasury. Kindly file a written application annexing a copy of refund certificate to SDM concerned.
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