Sulphur Mills Limited vs Shivalik Crop Science Private ...
2022 Latest Caselaw 2824 Bom

                                                              908.COMIP.211.21.doc



           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               ORDINARY ORIGINAL CIVIL JURISDICTION

                COMMERCIAL IP SUIT NO. 211 OF 2021


Sulphur Mills Limited                       ...     Plaintiff
      Versus
Shivalik Crop Science Private Limited       ...   Defendant

Mr. Dilip R. Talekar, First Asstt. Master, present.
Ms. Mansi Chheda i/b Dhru & Co. for the Plaintiff.

                               CORAM :      R.I. CHAGLA, J.
                               DATED :      23rd MARCH, 2022
ORDER :

1 Heard the learned Advocate for the Plaintiff. By the praecipe

dated 21.02.2022, the application is made for refund of half of the Court

fees i.e. a sum of Rs.66,922.50/-. It is stated that the above Commercial

IP Suit was settled and this Court by order dated 23.06.2021 had directed

refund of Court fees in accordance with the Rules. Under Section 43 of

the Maharashtra Court Fees Act and proviso to that Section, the order

dated 23.06.2021 is to be treated as date of making claim for repayment.

2 The Court fee which has been refunded is only a sum of

Rs.200/- and for which reliance has been placed on the notification dated

01.08.1959 and the schedule thereto which provides that in a Suit in

which judgment is given on admission only 2/3rd amount of institution

fee of the claim admitted is refundable. The decree was in terms of Waghmare 1/2

908.COMIP.211.21.doc

prayer clauses (a) and (b), accordingly the sum of Rs.200/- has been

refunded.

3 Considering that the order dated 23.06.2021 was passed in

terms of the Consent Terms and the Interim Application and Commercial

IP Suit were both disposed of in accordance with the Consent Terms, the

Court fees are to be refunded in accordance with the Section 43 of the

Bombay Court fees Act, 1959. Section 43 provides for refund of Court

fees of half of the amount of fees paid by the Plaintiff in the event that the

Suit is settled by agreement of parties before any evidence is recorded.

Thus, the Plaintiff is entitled to refund of half of the Court fees which

have been paid.

4 The Prothonotary and Senior Master is directed to issue

certificate for refund of half of the Court fees i.e. a sum of Rs.66,922.50/-

paid by the Plaintiff since the Suit has been settled in terms of the

Consent Terms entered into between the parties. The Prothonotary and

Senior Master shall issue the certificate under Section 43 of the Bombay

Court Fees Act 1959 within a period of one week from today.

5 Praecipe is disposed of accordingly. Digitally signed by WAISHALI SUSHIL WAISHALI WAGHMARE SUSHIL Date:

                                                                                        WAGHMARE   2022.03.25
                                                                                                   16:26:43
                                                                                                   +0530



                                                        (R.I. CHAGLA, J.)


Waghmare                                                                         2/2