[Cites 2, Cited by 0]
Bombay High Court
Disha Pravin Sukalwadkar vs Radha Krishna Patkar (Deceased) on 25 March, 2026
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
P1. TP-2143-2024.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
PETITION NO. 5143 OF 2024
Radha Krishna Patkar .. Deceased
Disha Pravin Sukalwadkar .. Petitioner
WITH
MISC. PETITION NO. 558 OF 2024
Radha Krishna Patkar .. Deceased
Pratiksha Chandan Manjrekar .. Petitioner
....................
Mr. Yashika Jain a/w Ms. Kalpana Trivedi, Advocates for Petitioner
...................
CORAM : MILIND N. JADHAV, J.
DATE : MARCH 25, 2026
P. C.:
1. Not on board. Mentioned by way of filing a praecipe dated
25.03.2026.
2. Heard Mr. Jain, learned Advocate for Petitioner.
3. Considering that the property is identical in respect of the
Petitions filed for Letters of Administration and Legal Heirship
Certificate in view of separate demands made by the Co-operative
Housing Society and the Bank, request made to Court by filing a
praecipe dated 25.03.2026 deserves to be considered.
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4. It is prima facie seen that Misc. Petition No. 558 of 2024 which
was allowed by this Court on 08.01.2025 pertains exclusively to the
tenanted premises which was distinct from the Petition No. 5143 of
2024 filed solely in respect of ownership premises belonging to the
deceased. It is also seen that Schedules filed in both the Petitions are
entirely different and independent of each other. Therefore strictly
speaking both the Petitions cannot be deemed to be cross-Petitions
since they were in respect of two different properties. However, both
the properties belonged to the same deceased. In that view of the
matter, the requisition and objection taken by Department regarding
statement to be made about pendency of cross-Petition stands
dispensed with. It is also seen that consent of the legal heirs in both
the Petitions has been obtained and placed on record. Same are
appended to the said Petitions.
5. Next Ms. Jain has persuaded me to consider levying of Court
fees in one Petition and refund of Court fees in the second Petition. It
is argued by Ms. Jain that in view of the exigency which had arisen i.e.
Society had demanded Letters of Administration whereas Bank had
demanded Legal Heirship Certificate and hence, two Petitions came to
be filed. It is seen that Court fees of Rs. 75,000/- has been paid in
Testamentary Petition No. 5143 of 2024 whereas Court fees of Rs.
33,000/- has been paid in Misc. Petition No. 558 of 2024. In view of
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the fact that both the properties belonging to the same deceased and
considering proviso to Article 10 of the Schedule I of the Maharashtra
Court-fees Act which inter alia, pertaining to Letters of Administration
since both the properties belonged to the same deceased, it is directed
that Court fees of Rs. 75,000/- which has been paid in Testamentary
Petition No. 5143 of 2024 shall stand retained against both Petitions
whereas Court fees of Rs. 33,000/- which has been paid in Misc.
Petition No. 558 of 2024 is directed to be refunded to the Petitioner in
accordance with law.
6. 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.
7. 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
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other details to the Collector of Stamps and the aforesaid order shall
be complied with strictly.
8. 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.
9. 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.
10. 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
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Court fees the same takes an invariably long period of time to get the
refund of Court fees and sometimes more than a year.
11. 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.
12. 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.
13. With the above directions, Praecipe is disposed.
Amberkar [ MILIND N. JADHAV, J. ]
RAVINDRA MOHAN
MOHAN AMBERKAR
AMBERKAR Date:
2026.03.25
19:42:38 +0530
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