Serial Date Orders with signature Ofrice Note as to No. of of action (ir any) Order02.I, Order taken on order 1 1.12.2008 Present : Ms. L. Chakraborty with IIII Ms. Manju Rai, Advocat:e for the Pet:itioners.Mr.S.P.Wangdi, Advocate General with Mr. Karma Thinlay, Govt. Advocat:e for t:he Stat:e - Respondent No.2. Heard. 2. An amended application II impleading the State as Respondent No.2 has been filed by the Petitioners. Mr. Karma Thinlay, Government Advocate who appears on behalf of the IIII State - Respondent and who has been served with copy of the amended application raises no objection. The amendment is thus allowed and the •amended application is taken on record. 3, In the application filed by the Petitioners under the provisions of. Sect:ion 6 clause (iii) of the Sikkim Cou rt Fees (Exemption a nd Miscellaneous Provisions) Act, 1983 (Act No.7 of 1983) a prayer has been I made for refund of court fees amounting to Rs. 19,619.00 deposited vide challan No.4650 by the Pet:itioners while filing RFA No.3 of 2006. The refund has been claimed on the main ground that the said appeal was remanded back by this Court vide - I Serial No. of Order I Orders with signature Office Note as tot alchon €iif any) taken on order order dated 25.3.2008 passed in RFA No.3 of 2006. 4. Section, 6 clause (iii) of the Sikkim Court Fees (Exemption.. and Miscellaneous Provisions) Act, 1983 (Act No.7 of 1983) under which refund has been claimed provides as follows:- "[6. No court shall refund the court fees paid in suits and appeals except on the fo[]owing grounds :- (iii) On rema.hd in an appeal to the extent of amount paid as court fees in such appeal." •6. In view of the above clear provision of law regarding refund of court fees on remand of an appeal, no objection is raised by the State. 7. Accordingly, the application is allowed. The amount of Rs.19,619.0.0 deposit:ed vide challan No. 4650 may be refunded to the Petitioners within one month from today. A copy of this order may be furnished to the Finance Department of the Government of Sikkim for nformationandtnj:ifea, Actina Chief Just.Ice