Manish Ganpat Matkar v. Mukesh Ganpat Matkar
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION CHAMBER ORDER NO. 53 OF 2026 IN TESTAMENTARY PETITION (L) NO. 3718 OF 2021 Mukesh Ganpat Matkar .. Deceased Manish Ganpat Matkar .. Petitioner ....................
Mr. T.R. Yadav i/by Mr. Shailesh Pathak, Advocates for Petitioner Mr. Manish Ganpat Matkar, Petitioner is present ...................
CORAM : MILIND N. JADHAV, J.
DATE : MARCH 13, 2026 P. C.
:
1.
Heard Mr. Yadav, learned Advocate for Petitioner. 2.
Pursuant to the order passed by this Court on 13.02.2026, Mr. Yadav after taking instructions from Petitioner informs the Court that Petitioner be allowed to withdraw above captioned Petition with liberty to take out appropriate steps in respect of the subject property in accordance with law. In view thereof, Petition is disposed as withdrawn. Chamber Order is also disposed.
3.
Refund of Court fees as per rules.
4.
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. 5.
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.
6.
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.
7.
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. 8.
This order is issued by Court because this Court in the present roster 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. 9.
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.
10.
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. Amberkar [ MILIND N. JADHAV, J. ] Digitally signed by RAVINDRA MOHAN AMBERKAR Date:
2026.03.13 16:32:24 +0530 RAVINDRA MOHAN AMBERKAR