Ms. Jyotsana Sanghi vs Mrs. Gita Sanghi
2023 Latest Caselaw 12963 MP

                                                                    1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                             FA No. 799 of 2022
                                            (MS. JYOTSANA SANGHI Vs MRS. GITA SANGHI AND OTHERS)

                                                                   FA/01021/2022
                         Dated : 09-08-2023
                                Shri Abhinav Malhotra, learned counsel for the appellants.


                                Heard on I.A.Nos. 4436/2023 and 4437/2023 respectively, which are the
                         applications for refund of the court fee paid by the appellants.
                                Counsel for the appellants has submitted that F.A.No.799/2022 and F.A.

                         No.1021/2022 were allowed by this Court vide its judgement dated 09.5.2023
                         whereby the order passed on an application filed under Order 7 Rule 11 of the
                         CPC has already been set aside and the matter has been remanded back to the
                         trial court to decide the same in accordance with law. Counsel has submitted
                         that in both the appeals, the appellants had paid Rs.1,50,000/- each as Court
                         Fee which deserves to be refunded to the appellants, as the matter is still to be
                         tried in the trial court itself.
                                In support of his submissions, counsel for the appellants has relied upon
                         the decision rendered by the Supreme Court in the case of The State of M.P.

                         vs. Asharam reported in 2014 SCC OnLine MP 7024. Relevant para 4 of the
                         order reads as under:-
                                     "4. At this stage learned counsel for the respondent has argued before this

Court that in the light of the Section 13 of Court Fees Act, 1870, the court fees deposited by the respondent deserves to be refunded. He has also argued before this Court that the respondent is poor farmer and with great difficulties, he has deposited the court fees before this Court. He has also placed reliance upon a judgment delivered by this Court F.A.No. 259/2001 (Onkar v. Executive Engineer PWD) decided on 24.7.2009 and his contention is that in the aforesaid case, this Court has held that the respondent to be entitled for refund of court fees in accordance with law. Keeping in view the aforesaid judgment as well as Section 13 of the Court Fees Act, 1870, the land owners in the present appeal shall also be Signature Not Verified Signed by: MONI RAJU Signing time: 8/9/2023 6:10:01 PM

entitled for refund of court fees in accordance with law. It is further clarified that in case, the respondent is not satisfied with the award passed by the Land Acquisition Officer, he shall be free to proceed further in accordance with law. Not costs."

On due consideration of the aforesaid submissions and on perusal of the aforesaid order as well as Section 13 of the Court Fees Act, 1870, the applications-I.A.Nos. 4436/2023 and 4437/2023 stand allowed. It is directed the appellants in both the appeals shall be entitled for refund of the court fees already paid by them in accordance with law. It is further clarified that in case, the respondent(s) is/are not satisfied with the award passed by the Land Acquisition Officer, the respondent(s) shall be free to proceed further in accordance with law.

I.A.Nos. 4436/2023 and 4437/2023 stand allowed and disposed of. Certified copy, as per rules.

(SUBODH ABHYANKAR) JUDGE

moni

Signature Not Verified Signed by: MONI RAJU Signing time: 8/9/2023 6:10:01 PM