The Gkw Sankey Employees Co-Operative Housing Society Limited v. Heritage Lifestyle And Developers Private Limited

NOB-COMS-L-27280-21.doc rsk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1035 OF 2022 IN COMMERCIAL SUIT NO.47 OF 2022 The GKW Sankey Employees Cooperative Housing Society Limited ...Applicant/ Plaintiff

Versus

Heritage Lifestyle and Developers Private Limited ... Defendant ---------- Madhavi Nalawade i/b Mr. Amol Tembe for the Plaintiff. ---------- CORAM :

R. I. CHAGLA J.

DATE :

3 MARCH 2023.

ORDER :

1.

Mentioned. Not on board. Taken on board.

2.

By praecipe bearing today'

s date the Advocate for the Plaintiff has sought directions to be issued to the Department for initiating procedure for refund of Court Fees in by RAJESHWARI SUBODH KARVE Date:

2023.03.06 16:32:36 +0530 RAJESHWARI SUBODH KARVE view of the order dated 1/3/2022. The learned counsel for the 1/2

NOB-COMS-L-27280-21.doc Plaintiff states that in spite of repeated follow-ups the Department has not initiated refund procedure on the premise that until the Arbitration Petition is disposed of, refund of Court Fees cannot be granted.

3.

By the order dated 1/3/2022 this Court had made it clear that Court Fees are to be refunded in accordance with the Rules and Commercial Suit (L) No. 27280/2021 was disposed of in terms of the Consent Minutes Of Order.

4.

The Prothonotary and Senior Master is accordingly directed to refund the Court Fees in accordance with the Rules in compliance with the order dated 1/3/2022.

5.

The Praecipe is disposed of.

[R.I. CHAGLA J.] 2/2