Mr. P.A.Abdul Jaleel, And Another v. Mr. A.Sharafudeen (Deceased) 1.M/S.Hotel Oriental Towers And 3 Others

in C.S.No.202 of 2022 RMT.TEEKAA RAMAN, J.

Heard the learned counsel for the Plaintiff, who filed Suit in C.S.No.202 of 2022, wherein this Court passed Judgment on 05.12.2023. 2.The present Application has been filed to refund of the excess court fee paid in C.S.No.202 of 2022, amounting to Rs.32,00,000/- to the Applicant/Plaintiff.

3.From the notes of the Registry, I find that originally the Suit was filed before the District Court, Thanjavur in O.S.No.93 of 2017 on payment of Rs.48,00,000/- as court fee. The plaint was returned and thereafter, revision has been filed before the Madurai Bench of this court, which has upheld the order. Thereafter, the Plaint was re-presented before this Court and re-numbered as C.S.No.202 of 2022 and the stamp leviable is only a sum of Rs.16,03,525/- . Therefore, as per Section 17 of the Tamil Nadu Court fees & Suits Valuation Act, the balance amount has to be returned. 1/3

4.Hence, the Registry is directed to refund the excess Court fee paid in the Plaint. Necessary refund certificate has to be produced, since Court fee has been taxed before the Principal District Judge, Thanjavur. 5.Accordingly, this Application is ordered.

01.10.2024 sai 2/3

RMT.TEEKAA RAMAN, J.

sai in C.S.No.202 of 2022 Dated: 01.10.2024 3/3