Where there is fault of court then court fees can be refunded

In the present matter Hon’ble Delhi High Court has held that refund of the court fees upon mistake of the Court.

Shree Cement Limited vs Trehan Farms Pvt. Ltd. (RFA No.365/2016)( Delhi High Court)

  1. Finding the mistake to be of the Court, in compelling the appellant/plaintiff to prefer this appeal and to again pay court fees of Rs.1,92,000/-, it is deemed appropriate to Suo Motu invoke Section 13 of the Court Fees Act, 1870 and to order refund of the court fees paid by the appellant/plaintiff on this appeal to the appellant/plaintiff. It is ordered accordingly and requisite certificate entitling the appellant/plaintiff to obtain refund of court fee paid on this appeal be issued to the appellant/plaintiff.
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