NIKUNJA KISHORE PARIDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE court -fee payable in the appeal is Rs. 4, 146.75 paise as reported by the Stamp Reporter. The appellant had. however, paid court -fee of Rs. 6,754/ - obviously by mistake. On the basis of an application of the appellant for refund of excess court -fee, this Court directed the Stamp Reporter by order dated 23.8.1995 to examine the question and on further examination, the Stamp Reporter by note dated 2.9.1995 indicated that, in fact, an excess court -fee of Rs. 2,607.25 paise had been paid. On 19.9.1995, this Court directed that the excess court -fee paid by the appellant be refunded. Thereafter the office in its note dated 1.7.1997 has indicated that the court -fee had been paid by the appellant in denominations of Rs. 5000/ - Rs. 2000/ -Rs. 200/ - Rs. 50/ - and Rs. 4/ - and court -fee of Rs. 5000/ - may not be fractioned and the appellant may be directed to take refund of the entire court -fee and to pay court -fee of Rs. 4,146.75 paise afresh. This is how the matter has again been listed.

(2.) THE course suggested by the office may not solve, the problem faced by the appellant. While hearing this matter regarding refund of court -fee, a doubt arose as to whether the Court has jurisdiction to pass any order for refund of court -fee under circumstances not contemplated in Sections 13,14 and 15 of the Court -fees Act. There is no dispute that the prayer for refund of excess court -fee paid and the subsequent order thereon are not contemplated in Sections 13,14 and 15 of the Court -fees Act which lay down specific provisions for refund of court -fee under certain circumstances. However, the learned counsel for the appellant has submitted that apart from the provisions contained in Sections 13,14 and 15 of the Court -fees Act, the Court has inherent power to direct refund of court -fee or excess court -fee in a fit case.