VIJAYA BANK LTD Vs. ASSISTANT COMMISIONER MANDYA

JUDGEMENT

(1.) The Petitioner, Vijaya, Bank Ltd., Mangalore, instituted a suit for recovery of a sum oi Rs.3,30,245-07 together with interest thereon, and paid a Court-fee of Rs.24, 768-25 on the plaint. Immediately after service of notice, the defendants appeared before the Court and consented for a decree being passed against them. Accordingly, a consent decree was made by the Court of the Civil Judge, Mandya. The learned Civil Judge, also made an order under S.66 of the Mysore Court Fees and Suits Valuation Act, 1958 (hereinafter referred to as the 'Act'), for the refund of half the court- fee paid by the petitioner. the petitioner on the basis oi the said order applied to the Assistant Commissioner, Mandya, who is the competent authority, for refund of the amount ordered by the Court. The Assistant Commissioner refunded half of the, amount of court-fee paid by the petitioner, deducting from out of it an amount calculated at 10 per cent on the amount of which the Court had ordered refund in favour of the petitioner.

(2.) The petitioner has challenged the deduction of 10 per cent ol the amount which the Court had ordered to be refunded to it.

(3.) Sri N. Mohandas Hegde, learned Counsel appearing for the petitioner submitted that the refund was ordered by the Court of the Civil Judge Mandya under sub-sec. (b) of S.66 of the Act. Chapter VII of the dered refund of half the amount of the court-fee paid by the petitioner on the plaint. The procedure to be followed for getting the refund is contained in S 75 of the Act It reads as follows :