[Cites 1, Cited by 0]
Bombay High Court
Lata Umakant Patil vs Naumi Developers Through Their ... on 12 March, 2026
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
2026:BHC-OS:6392
901. S-272-2025.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.
SUIT NO. 272 OF 2025
WITH
INTERIM APPLICATION NO. 5654 OF 2025
Lata Umakant Patil & Ors. .. Plaintiffs
Versus
Naumi Developers .. Defendant
....................
Mr. Pravin Tembhekar, Advocate for Plaintiffs
Mr. Shanay Shah a/w Mr. Chirag Sarawagi i/by Mr. Tushar Goradia,
Advocates for Defendant
...................
CORAM : MILIND N. JADHAV, J.
DATE : MARCH 12, 2026
P. C.:
1. Heard Mr. Tembhekar, learned Advocate for Plaintiffs and Mr.
Shah, learned Advocate for Defendant.
2. The parties have agreed to refer all the disputes, claims and
Counter Claims and contentions arising out of the present Suit to
Arbitration before a Sole Arbitrator under the Arbitration and
Conciliation Act, 1996 including any modification and / or
reenactment thereof.
3. By consent of parties, Mr. Aadil Pasrurampuria, learned
Advocate of this Court is appointed as a Sole Arbitrator to adjudicate
the dispute and differences between the parties forming the subject
matter of the present Suit.
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901. S-272-2025.odt
4. It is agreed by Plaintiffs that the Suit plaint shall be treated as
Statement of Claim in the Arbitral proceedings.
5. The parties shall appear before the learned Sole Arbitrator on
such date and at such place as indicated by him to obtain appropriate
direction with regard to conduct of the arbitration including fixing a
schedule for pleadings, examination of witnesses, if any, schedule of
hearing etc.
6. The fees of the learned Sole Arbitrator shall be as prescribed
under the Bombay High Court (Fee payable to Arbitrators) Rules, 2018
and the arbitral costs and fees of the Arbitrator shall be borne by the
parties in equal portion and shall be subject to the final Award that
may be pleased by the Tribunal.
7. All the rights, remedies and contentions of the parties on merits
are kept expressly kept open.
8. It is clarified that the merits of the disputes have not been
examined by this Court.
9. Suit is disposed of in terms of this order. Interim Application is
also disposed.
10. Refund of Court fees, if any as per rules.
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11. 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 Plaintiff 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.
12. 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. Plaintiff shall give all
other details to the Collector of Stamps and the aforesaid order shall
be complied with strictly.
13. 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.
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14. 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.
15. 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.
16. 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.
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17. 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
RAVINDRA MOHAN
MOHAN AMBERKAR
AMBERKAR Date:
2026.03.12
15:44:19
+0530
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