-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.1209 OF 2001 NO.1209 OF 2001 NO.1209 OF 2001 The State Bank of Hyderabad, Solapur ...Petitioners v/s Loyal Pharmaceuticals Ltd. and ors. ...Respondents Mr G.S. Godbole for Petitioners. None for Respondents. CORAM : D.K. DESHMUKH AND R.Y. GANOO JJ. DATE : 9TH JUNE 2008. -2- P.C. :- 1. By this petition, the petitioners challenge the order passed by the Debt Recovery Tribunal, Mumbai rejecting the application of the petitioner - Bank for refund of court fees paid in a suit which was withdrawn on the ground that in the D.R.T. Act, there is no provision of refund of court fees. The matter was filed as suit in Civil Court, court fee was paid as per Court Fees Act. After the D.R.T. Act became applicable, the suit was transferred to the D.R.T. The dispute was settled out of Court, hence the suit was withdrawn. Under the D.R.T. Act, there is a provision made for payment of fee on an application filed before the D.R.T., but the fee is payable under the D.R.T. Act and not under the Court Fees Act. As the matter of the petitioners was filed as a suit and court fee was paid under the Court Fees Act, the application for refund will have to be decided under the Court Fees Act. Payment of court fees and refund of court fees are dealt with by the Court Fees Act. Court Fees are paid as per the Court Fees Act. Therefore, refund of court fees shall also have to be dealt with by the Court under the Court Fees Act. The order impugned is set aside. The D.R.T., Mumbai is directed to hear the application of -3- the petitioners in accordance with law and pass order thereon as expeditiously as possible and in any case within a period of six weeks from the date of receipt of writ of this order. Rule is made absolute accordingly with no order as to costs. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court. . Certified copy expedited. ( D.K. DESHMUKH J.) ( R.Y. GANOO J.)