Bombay High CourtIA/1295/2026disposed off

Colonel (Retired ) Abhijit Gopal Kadam v. Parichar Aflatoon Khairabadi (Deleted Since Deceased) And 3 ORS

2026-03-17Hon'Ble Shri Justice Abhay Ahuja2 pages

Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 17th March, 2026 FOR DIRECTION :

IA/1295/2026 in S/952/2012 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Pooja Shah i/b. RJ Law, Advocate for the applicant.

P.C.:

The present matter is listed on board in view of praecipe dated 16.03.2026 submitted by ld. Advocate for the applicant for refund of court fees.

Ld. Advocate for the applicant submits that the applicant is an Ex-Serviceman, retired from the rank of Colonel and therefore, he is retired Indian Soldier/retired Defence Officer. Ld. Advocate further submits that as per Notification CTF/1771/83959-M-1 of Revenue and Forest Department, Mantralaya dated 02.03.1977 issued under Section 46 of the Bombay Court Fees Act, 1959 the applicant was not required to pay the court fees of Rs. 3,00,000/- for the present suit.

Ld. Advocate for the applicant made a statement that present Interim Application is filed for refund of court fees, however, the Hon'ble Court directed to place matter before this Authority. Statement is accepted.

Ld. Advocate for the applicant produced a copy of Order dated 23.02.2026 passed by the Taxing Master in Misc. Petition No. (L) 3956 of 2026. Perused said Order, the Taxing Master after considering provisions of aforesaid Notification, court fees is exempted to retired Army Officer.

In the present matter, the applicant/plaintiff claims to be retired Indian Soldier/retired Defence Officer. Identity Card is annexed in the matter. Therefore, the plaintiff is not required to pay court fees in the present matter.

2 Before : Anil H. Laddhad, Prothonotary & Senior Master Date : 17th March, 2026 contd....

IA/1295/2026 in S/952/2012 ) ) ) ) ) ) In view thereof, the applicant/plaintiff is directed to move before the Hon'ble Court for appropriate directions in the present Interim Application.

Remove from board.

Date : 17.03.2026 Prothonotary and Senior Master Digitally signed by RAJEEV VIJAY ACHARYA Date:

2026.03.18 12:28:41 +0530 RAJEEV VIJAY ACHARYA