Date: 12-02-2020
Business: The court is on leave
Next Purpose: DIRECTIONS
Next Hearing Date: 03-03-2020
Date: 03-03-2020
Business: Adv. Rohan Bansal for applicant present.
None present for respondent.
Heard Ld. counsel for the applicant.
It is submitted that on 15.12.2015, suit was referred for mediation and the matter was settled as per consent terms. Court had passed the consent decree on the same day, as per order on consent term vide Ex-A filed on record.
As per consent terms, plaintiff and defendant had agreed to have 1/4th share each in the suit property and for the purpose of payment of court fees, valuation of the suit property was required to be done by appointing Court Commissioner. Accordingly, the Court Commissioner was appointed for valuation and distribution of suit property, as per Exh. B and C filed on record. Commissioner has submitted his report on 13.11.2019 vide Exh. D. It is submitted by Ld. counsel for the applicant that he was under the impression that the affidavit in support of the application for refund of court fee was to be made after completing the above said procedure, but when such application was made he was informed that it is beyond the time of one year. Hence, orders from the court will be necessary. It is submitted that the delay which has taken place in applying for refund of court fees is not deliberate and intentional, but due to misunderstanding of the applicant. The delay needs to be condoned in the interest of justice.
After hearing the Ld. counsel for the applicant, I am satisfied by the reason submitted before the court and the facts and circumstances brought on record as per documents filed with application. Hence, the application is allowed by condoning the delay, if any. Application is disposed of.
Office is directed to refund the court fees as per rules.
Nature Of Disposal: OTHER
Disposal Date: 03-03-2020
