Goodwill Appartment Pvt Ltd v. Velvet Apple Hotels Pvt Ltd & ANR

#16 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1345/2013 GOODWILL APPARTMENT PVT LTD ..... Plaintiff Through Mr. Siddhant Asthana with Mr. Peeyoush Ranjan, Advocates versus VELVET APPLE HOTELS PVT LTD & ANR ..... Defendants Through None

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 16.10.2018 I.A. 14406/2018 The plaintiff has filed the present application seeking refund of the excess court fees paid in terms of the Court Fees (Delhi Amendment) Act, 2012 (for short "Act, 2012" ).

Learned counsel for the plaintiff/applicant submits that the Act, 2012 had enhanced the court fees payable by the plaintiff and accordingly the plaintiff had paid the court fees in terms of the amended provision. Since the Act, 2012 has been quashed vide judgment of the Division Bench of this Court in Delhi High Court Bar Association & Anr. Vs. Govt. of NCT of Delhi & Anr., 2013 SCC OnLine Del 4091, the plaintiff is entitled to refund of excess court fees.

Registry is directed to calculate the court fees in terms of the Act prior to the amendment, and a certificate for the excess amount be issued to the plaintiff within four weeks.

Accordingly, the application stands disposed of. MANMOHAN, J OCTOBER 16, 2018 rn