Repayment of court fees to plaintiff if case is compromised in ADR

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LAW AND JUDlClARY DEPARTMENT



Madam Cama Marg, Hutatma Rajguru Chowk,



Mantralaya, Mumbai 400 032, dated the 8th May 2013



Order



No. HCA. 2010/C.R.,87ID-19.-In exercise of the powers conferred by sub-section (2) of section 43 ofthe



Maharashtra Court-fees Act (Bom. XXXVIof 1959), the Government of Maharashtra hereby directs that such



part of the fee paid by the Plaintiff, Appellant or Petitioner under the said Act, as specified in column (2)





of the Schedule hereto, shall be repaid to such Plaintiff, Appellant or Petitioner, as the case may be, under



the circumstances specified in column (1) of the said Schedule subject to the condition that the claim for



repayment is made within one year from the date on which the settlement is made :-



Schedule



(1) (2)



Suit or Appeal or Petition referred by the Court for settlement under clause (a),



(b), (c) or (d) of sub-section (1) of section 89 ofthe Code of Civil Procedure, 1908



(5 of 1908) and which is settled,- .:



(1) where the fee is paid under article 20, 21, 22, 23, 38A, 3SB or 3SC of Hundred per cent of the



Schedule II of the Maharashtra Court-fees Act; court-fee paid.



(2) in all other matters not covered under clause (1) above,-



(i) before recording of evidence or effective hearing, Fifty per cent of the



(ii) after recording of evidence or effective hearing or any subsequent Twenty-five per cent of



stage. the court-fee paid.



court-fee paid.



By order and in the name of the Governor of Maharashtra,

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