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Shamine   29 December 2021

Lawyer not helping in court fee in refund

Hi 

My parents had seeked a help from lawyer for a property dispute. Now she had filed a case. Dispute settled out of court. We have not received court fees,neither is she helping or giving NOC. What can be done to retreive court fees 

Thanks

Shamine 



Learning

 2 Replies

Dr J C Vashista (Advocate)     30 December 2021

Refund of court fees is governed by Section 89 of the Code of Civil Procedure, 1908 where the suit is settled in Alternative Dispute Redressal through Arbitration & Counselliation, Mediation, etc.

89. Settlement of disputes outisde the Court.--(1) Where it appears to the Court that there exist elements of a settlement which may be acceptable to the parties, the Court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observations of the parties, the Court may reformulate the terms of a possible settlement and refer the same for:--
(a) arbitration;
(b) conciliation;
(c) judicial settlement including settlement through Lok Adalat: or
(d) mediation.
(2) Were a dispute has been referred

However, The Supreme Court, while relying upon the judgments Directorate of Enforcement v. Deepak Mahajan5 and Shailesh Dhairyawan v. Mohan Balkrishna Lulla6, observed that a purposive interpretation of Section 89 of the CPC must be made in order to solve the deadlock between the parties. it was observed that the interpretation of a statute must be moulded in such a manner so as to achieve the true purpose of the enactment and to ensure that no difficulty or injustice is rendered due to such ambiguity over the interpretation of a statute. Thus, arriving at a conclusion to make a broader and purposive interpretation of Section 89 of the CPC read with Section 69-A of the 1955 Act.

If your lawyer is not responding you may change him / her immediately.

How much is the amount involved in the Court fees ?

VM (pqr)     31 December 2021

Hello Shamine, 

Kindly approach the Hon Court Registrar with an application and attach the Settlement order copy / acceptance of  Settlement by the Hon court and the suit got dismissed if any. That application is to be done in person by you and then the Hon Registrar shall give you the Court Refund Copy. After getting that copy please submit that copy along with the forwarding letter to the Sub Registrar's office of that jurisdiction along with the Stamp Duty paid challan copy, the Refund certificate copy and your bank cancelled cheque/PAN/AADHAR. You shall get the refund within 90 days from submission date. No need to go behind that lawyer. Hope this process helps. 


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