KRISHAN KUMAR Vs. SUB-DIVISIONAL MAGISTRATE, ROHINI

JUDGEMENT

(1.) This petition has been filed by the petitioner praying for a Writ of Mandamus directing the respondent to refund the amount of Rs. 7,45,000/- of unused/un-utilized e-court fees purchased by the petitioner.

(2.) The petitioner had purchased e-court fees for an amount of Rs. 7,45,000/- on 31.10.2017 from the Stock Holding Corporation of India Limited (SHCIL). The petitioner claims that the said court fees was purchased for filing of a Suit, however, later the Suit was not filed and the court fees remained unutilized. The petitioner applied for refund of the court fees vide application dated 22.02.2018 to the respondent no.1. By the Impugned Order dated 27.08.2019, the respondent no.1 advised the petitioner to submit the Court order in respect of refund of the e-court fees. The petitioner has thereafter filed the present petition praying for the above direction.

(3.) The court fees is payable on a document at the time of its filing in terms of the Court-Fees Act, 1870 (hereinafter referred to as the 'Act'). Section 25 of the Act provides for collection of the fee by Stamps. Section 26 of the Act further provides that the stamps used to denote any fee chargeable under the Act shall be impressed or adhesive, or partly impressed and partly adhesive, as the appropriate Government may, by notification in the Official Gazette, from time to time direct. Section 27 of the Act empowers the appropriate Government to make Rules for regulating the supply of stamps; the number of stamps to be used for denoting any fee chargeable under the Act; the renewal of damaged or spoiled stamps; and the keeping of accounts of all stamps used under the Act. Section 30 of the Act provides that no document requiring a stamp under the Act shall be filed or acted upon in any proceedings in any Court or office until the stamp has been cancelled.