Shiv Kumar Soni v. Harish Kumar Soni & ORS

$~28 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 1218/2011 SHIV KUMAR SONI ..... Plaintiff Through Mr. Pawan K. Bahl, Advocate.

versus HARISH KUMAR SONI & ORS ..... Defendants Through None.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 02.08.2017 IA No.8731/2017 1.

This is an application on behalf of the plaintiff seeking refund of the e-court fee filed on account of an error. 2.

The Suit was decreed by order dated 10.11.2016 and the plaintiff was called upon to file stamp paper in the sum of Rs.4,93,333.33.

3.

Learned counsel for the plaintiff submits that, on account of an inadvertent error, instead of e-stamp paper, e-court fee in the above sum has been filed.

4.

The plaintiff seeks refund of the e-court fee and further extension of time to file e-stamp paper of the said amount. 5.

The office noting of the Registry shows that the Registry has CS(OS) 1218/2011

returned the e-court fee under objections.

6.

Since the plaintiff has filed the e-court fee on account of an error and no further court fee is required to be filed, the plaintiff is, thus, entitled to return of the court fee.

7.

The Registry is directed to issue a certificate authorizing the plaintiff to recover the court fee from the appropriate authorities. 8.

The plaintiff shall file e-stamp in the sum of Rs.4,93,333.33, as required by the Registry for preparation of the decree, within two weeks.

9.

The application is, accordingly, allowed.

SANJEEV SACHDEVA, J AUGUST 02, 2017 st CS(OS) 1218/2011