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Bombay High Court
Amita Purnendu Mehta vs Harendra Maganlal Vora on 12 March, 2026
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
2026:BHC-OS:6445
P9.IAL.38750.2025.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT (L) NO. 37027 OF 2025
WITH
INTERIM APPLICATION (L) NO. 38750 OF 2025
IN
SUIT (L) NO. 37027 OF 2025
Amita Purnendu Mehta .. Plaintiff
Versus
Harendra Maganlal Vora and Ors. .. Defendants
....................
Mr. Nakul Jain a/w. Mr. Aliff Fazelbhoy, Mr. Ahetesham A. Thaver,
Mr. Faizan Khatri, Advocates i/by ALMT Legal for Defendant No.1.
Amita Mehta - Plaintiff present.
Mr. Harsh Vora, POA holder for Defendant No.1 present.
Mr. Harendra Rasiklal Vora, Advocate for Defendant No.7.
....................
CORAM : MILIND N. JADHAV, J.
DATE : MARCH 12, 2026.
P.C.:
1. Not on Board. Mentioned by way of filing praecipe dated
12.03.2026. Perused the praecipe.
2. Request is made by the learned Advocate for Defendant
Nos.1 and 7 to dispose of Suit in terms of the Draft Final Minutes of
Consent Order passed by the learned Mediator appointed by this Court.
3. Heard Mr. Jain, learned Advocate for Defendant No.1.
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4. In the present Suit, the Final Mediation Report dated
12.03.2026 given by the learned Mediator appointed by this Court
pursuant to the order dated 20.01.2026 has been received by the Court
and its taken on record and marked 'X-3' for identification. Appended
to the same are the Draft Final Minutes of Consent Order dated
12.03.2026 i.e. today which are signed by both the parties. The same
is taken on record and marked 'X-4' for identification. The same are
signed by Plaintiff, Defendant No.1, Defendant No.7 and Advocate for
Defendant No.1. They confirm execution of the Draft Final Minutes of
Consent Order. Rest of the Defendants are proforma party as informed
by the learned Advocates.
5. Draft Final Minutes of Consent Order are running into 4
pages. For the sake of reference and convenience, Draft Final Minutes
of Consent Order is scanned and reproduced below:-
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6. Rights and obligations stated in the Draft Final Minutes of
Consent Order reproduced herein above are taken as undertaking
given to this Court by the parties concerned.
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7. Parties shall abide by the same accordingly.
8. Refund of Court fees, if any, as per Rules.
9. The Registry shall issue the refund certificate 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.
10. I am informed by several Petitioners 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.
11. 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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12. 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 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.
13. This order is issued by Court because this Court in the
present roster while handling Testamentary Petitions 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 realise the Court fees
and sometimes more than a year.
14. 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.
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15. 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.
16. Order in terms of Draft Final Minutes of Consent Order is
passed to dispose of Suit (L) No.37027 of 2025.
17. All parties are directed to act on a server copy of this order
downloaded from the website of the High Court of Bombay.
18. Ad-interim order dated 02.12.2025 stands vacated.
19. Suit (L) No.37027 of 2025 is disposed.
20. In view of disposal of Suit, pending Interim Application is
accordingly disposed.
[ MILIND N. JADHAV, J. ]
Ajay
AJAY AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date: 2026.03.12
18:34:51 +0530
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