Pushpa Gurmukhdas Murjani Alias Pushpa Gurmukhdas Moorjan v. Lachami Gurmukhdas Murjani Alias Lachamibai G Moorjani (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. 4650 OF 2024 WITH WILL NO. 1848 OF 2024 IN TESTAMENTARY PETITION NO. 4650 OF 2024 WITH CHAMBER ORDER (L) NO. 3941 OF 2025 IN TESTAMENTARY PETITION NO. 4650 OF 2024 Lachami Gurmukhdas Murjani alias Lachamibai G. Moorjani .. Deceased Pushpa Gurmukhdas Murjani alias Pushpa Gurmukhdas Moorjani .. Petitioner ....................
Mr. Atul Mody, Advocate for Petitioner.
....................
CORAM
: MILIND N. JADHAV, J.
DATE : APRIL 24, 2026.
P.C.:
1.
Mentioned out of turn.
2.
Heard Mr. Mody, learned Advocate for Petitioner. 3.
Mr. Mody, on instructions received from the Petitioner would submit that he seeks leave to withdraw the present Testamentary Petition. Leave is granted as prayed for.
4.
Refund of Court fee as per Rules.
5.
The Registry shall issue the refund certificate for Court fees 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. 6.
I am informed by several parties 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.
7.
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.
8.
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 therefore 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. 9.
This order is issued by Court because this Court in the present roster while handling matters where refund of Court fees is given 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 get the refund of Court fees and sometimes more than a year. 10.
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 as soon as the refund certificate is issued within the time stipulated in this order.
11.
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. 12.
In view of the above, present Testamentary Petition is disposed as withdrawn.
13.
In view of withdrawal of Testamentary Petition, pending Misc. Applications, if any, are accordingly disposed. [ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2026.04.27 19:27:30 +0530 AJAY TRAMBAK UGALMUGALE