Kamlesh Kishor Ruparel v. Kishor Vaghji Ruparel(Deceased)

Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY AND INTESTATE JURISDICTION TESTAMENTARY PETITION NO. 1713 OF 2024 Kishor Vaghji Ruparel alias Kishore Vaghji Ruparel .. Deceased Kamlesh Kishore Ruparel .. Petitioner

Versus

Mr. Alpesh Kishor Ruparel @ Alpesh Kishore Ruparel .. Caveator And Jyotsna Kishor Ruparel and Anr.

....................

 Mr. Satyam R. Dube, Advocate for Petitioner.

 Mr. D.R. Singh, Advocate i/by S.H. Singh for Caveator. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : MARCH 13, 2026.

P.C.:

1.

Heard Mr. Dube, learned Advocate for Petitioner and Mr. Singh, learned Advocate for Caveator.

2.

Parties have reconciled their disputes and filed Consent Terms. Today Consent Terms dated 13.03.2026 executed between the parties are filed in Court and the same is taken on record and marked 'X' for identification. Consent Terms are duly signed by Petitioner, Caveator, Jyotsna Kishor Ruparel, Jyotsna Kishore Rupare, CA of Mr. Prashant Kishor Ruparel and their respective Advocates. They confirm execution of the Consent Terms.

3.

Consent Terms are running into 31 pages. For the sake of reference and convenience, first 7 pages upto the execution clause of Consent Terms are scanned and reproduced below:-

4.

The obligations and undertakings given by the parties in the Consent Terms are recorded and accepted as undertakings given to this Court.

5.

Parties are directed to abide by the same.

6.

Department is directed to issue the grant within a period of two weeks from today.

7.

Order in terms of Consent Terms.

8.

Refund of Court fee as per Rules.

9.

The Registry shall issue the refund certificate within a period of two weeks from today on the basis of a server copy of this order. The refund certificate shall be submitted by Petitioner to the Collector of Stamp Duty, First Floor, Old Customs House, Mumbai which is the concerned office. Copy of this order shall also be served on the Collector of Stamps, First Floor, Old Customs House, Mumbai. 10.

I am informed by several Petitioners who seek such refund that an extraordinary long period of time is taken for refund of the Court fees from the Collector's Office and thereafter from the Pay and Accounts Office. Collector of Stamps shall personally look into this and ensure that the Plaintiff is refunded the Court fees on presentation of a server copy of this order and the refund certificate / letter is issued within a period of four weeks thereafter at the highest. Petitioner shall give all other details to the Collector of Stamps and the aforesaid order shall be complied with strictly.

11.

I am informed that refund of Court fees is then actually issued by the Pay and Accounts Department situated at Bandra. Copy of this order shall also be placed before the Collector of Stamps, Mumbai City and Collector of Stamps, Mumbai MSD and the In-charge of Pay and Accounts Department, Bandra.

12.

I am informed that after refund certificate is filed, Collector of Stamps Office has to issue letter / some order to the Pay and Accounts Department for generating the refund and the refund is thereafter received from the Pay and Accounts Department of the State of Maharashtra situated in Bandra. In-charge of the Pay and Accounts situated at Bandra is directed to ensure that whenever letter regarding for refund of Court fees is received from the Office of the Collector of Stamps, the same shall be complied with by its Office within a period of four weeks from the date of receipt of such request and there shall be no delay in this compliance and refund whatsoever. 13.

This order is issued by Court because this Court in the present roster while handling Testamentary Petitions has received several complaints that even after orders for refund are issued by the Registry of this Court, inter alia, relating to refund of Court fees the same takes an invariably long period of time to realise the Court fees and sometimes more than a year.

14.

Copy of this order shall be placed before the Registrar General of this Court and he is directed to inform the aforementioned Authorities to ensure that the concerned Government Officers shall comply with the above directions and timeline in the interest of the litigants.

15.

Collector of Stamps, Mumbai City and Collector of Stamp, MSD are also directed to take cognizance of this order and ensure that compliance of timelines given in this order are duly complied with in all cases of refund of Court fees which are granted by this Court. 16.

Testamentary Petition is disposed.

[ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2026.03.13 17:27:53 +0530 AJAY TRAMBAK UGALMUGALE