Narayanan v. Velayutham

C.M.P.No.7300 of 2023 and A.S. SR. No. 7246 of 2023 T.V.THAMILSELVI, J.

This Civil Miscellaneous Petition has been filed seeking to refund the court fees of Rs.92,500/- (Rupees ninety two thousand five hundred only), which was paid in AS.SR.No.7246 of 2023 through Tamil Nadu Court Fees Stamps to the counsel for the appellant.

2. Today, when the matter taken up for hearing, Mr.K.V.Babu, learned counsel for petitioner would submit that at the time of filing the appeal, inadvertently, he has chosen Government of Tamil Nadu for the payment of ecourt fee, but the fact remains that he need to pay e-court fee to the Government of Puducherry. He would also submit that once the court fee refunded to him, he undertake to pay necessary court fee for numbering the above said appeal. The above mistake is neither willful nor wanton, but due to the aforesaid reasons. Hence, he prayed to refund the same.

3. Considering the reasons stated by the fact that the appellant paid the court fee under Tamil Nadu Court Fees Stamps instead of paying the same 1\3

under Pondicherry Court Fees Stamps. Hence, the court fee paid under Tamil Nadu Court Fees Stamps is ordered to be refunded in favour of appellant's counsel on receipt of undertaking affidavit. Accordingly, this Civil Miscellaneous Petition is ordered. Registry is directed to number the appeal if it is otherwise found to be in order.

12.04.2023 rpp 2\3

T.V.THAMILSELVI, J.

rpp C.M.P.No.7300 of 2023 and A.S.SR. No. 7246 of 2023 12.04.2023 3\3