M.P. Natarajan And Co v. M/S. Parthiban Steel Corporation

CMP.No.12097 of 2023 CMP.No.12097 of 2023 in AS No.448 of 2021 R.SUBRAMANIAN, J.

and R.SAKTHIVEL, J.

This petition has been filed seeking refund of the excess Court Fee that has been paid on the Appeal. The suit was originally filed in this Court seeking recovery of a sum of Rs.51,93,897.86 and a Court Fee of Rs.55,464/- was paid as per Annexure 'A' to the schedule of the Original Side Rules. While filing the Appeal, the Court Fee was calculated at 3% as per the amended provisions of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955. Section 52-A which was introduced, was overlooked resulting in payment of excess Court Fee. The actual Court Fee payable in this Court is also only Rs.55,464/- since the suit claim does not include interest. There is a difference of Rs.1,00,356/- which has been paid in excess.

2. Hence, there will be an order for refund of Court Fee of Rs.1,00,356/- which has been paid in excess. In view of the above, this petition is allowed.

[R.S.M., J.] [R.S.V., J.] jv 24.04.2024 https://www.mhc.tn.gov.in/judis 1/2

CMP.No.12097 of 2023 R.SUBRAMANIAN, J.

and R.SAKTHIVEL, J.

jv CMP.No.12097 of 2023 in AS No.448 of 2021 24.04.2024 https://www.mhc.tn.gov.in/judis 2/2