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Bombay High Court
Akaram Shamrao Kesarkar vs Shamrao Tukaram Kesarkar (Deceased) on 27 February, 2026
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
2026:BHC-OS:5401
12.IAL.9311.2024.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
INTERIM APPLICATION (L) NO. 9311 OF 2024
IN
CAVEAT (L) NO. 17005 OF 2021
WITH
TESTAMENTARY PETITION NO. 491 OF 2021
Hirabai Shamrao Kesarkar and Ors. .. Applicants
IN THE MATTER BETWEEN:
Akaram Shamrao Kesarkar .. Petitioner
Versus
Hirabai Shamrao Kesarkar and Ors. .. Respondents
....................
Mr. Vaibhav Ugle, Advocate i/by Mr. Vikas Somawanshi for
Applicants.
Mr. Ashok Jain, Advocate for Petitioner.
....................
CORAM : MILIND N. JADHAV, J.
DATE : FEBRUARY 27, 2026.
P.C.:
1. Heard Mr. Ugle, learned Advocate for Applicants and Mr.
Jain, learned Advocate for Petitioner.
2. Today, Petitioner is present before Court alongwith Advocate
Mr. Jain. Mr. Jain has filed his Vakalatnama dated 13.02.2026 duly
singed by Petitioner. His identification has been checked by the Court.
3. Mr. Jain, on instructions received from the Petitioner would
submit that he desire to withdraw Testamentary Petition No.491 of
2021 with leave and liberty to file fresh Petition in accordance with
law. Department is directed to accept the Vakalatnama of Advocate
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12.IAL.9311.2024.doc
Jain. He is directed to file the same in the Department within a period
of one week from today.
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
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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
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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
Interim Application (L) No.9311 of 2024 is also disposed as
infructuous.
[ MILIND N. JADHAV, J. ]
Ajay
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