Ip Software India Pvt Ltd v. M/S.Wardwiz India Solutions Pvt Ltd., And 5 Others

in A.No.4154 of 2022 C.SARAVANAN, J.

The petitioner had filed an application under Section 9 of the Arbitration and Conciliation Act, 1996 vide Arbitration Application D.No.48868 of 2022. In the said application, the petitioner had also filed A.No.4154 of 2022 to condone the delay of 48 days in re-presenting the application filed under Section 9 of the Arbitration and Conciliation Act, 1996 vide Arbitration Application D.No.48868 of 2022. Since the Registry has raised objection, A.No.4154 of 2022 was dismissed as withdrawn.

2. At the time of filing Arbitration Application D.No.48868 of 2022, the petitioner had paid the Court fee of Rs.1,00,000/- which was not ordered to be refunded.

3. Since the application was withdrawn for proper presentation before the District Court in Pune, the Court fee paid by the petitioner ought to have been ordered to be refunded to the petitioner. 1/3

4. Considering the above, Court is inclined to allow this application. Registry is directed to take appropriate steps to refund the Court fee after complying with the necessary procedures prescribed under the rules. This exercise shall be completed by the Registry within a period of six (6) weeks from the date of receipt of a copy of this order.

5. The application stands allowed with the above observations and directions.

04.10.2023 rgm 2/3

C.SARAVANAN, J.

rgm in A.No.4154 of 2022 04.10.2023 3/3