(1) WP. 3485.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITIONR NO. 3485 OF 2011 M.A. Rahim S/o M.A. Fahim Age : 37 years, Occu.: Business, R/o Toli Chowki Hyderabad (A.P.) Through General Power Attorney Holder, Md. Javed Laiq S/o Md. Majeed, Age : 45 years, Occu.: Business, R/o Biloli, Tq. Biloli, Dist. : Nanded PETITIONER VERSUS Sk. Ilyas S/o Sk. Bashir and ors. RESPONDENTS ..... Mr. U.B. Bilolikar, Advocate for the Petitioner. ..... CORAM : SMT. NISHITA MHATRE, J. DATED : 6TH MAY, 2011 ORAL ORDER:- 1. The Writ Petition has been directed against the order of the Civil Judge Senior Division dated 18.9.2010 by which the Application for refund of Court fees has been dismissed. The petitioner contends that the suit was filed by him against the defendant in 2009 for specific performance of a contract. The parties to the suit settled the dispute on 5.9.2010 before the Lok Adalat and an (2) WP. 3485.2011 award was passed accordingly. On 18.9.2010 an application was filed before the Civil Judge Senior Division, Biloli for refund of the Court fees. 2. Undisputably, no evidence had been led before the Court though issues have been framed. The petitioner would be entitled to refund of Court fees in the light of the provisions of section 43 of the Bombay Court Fees Act, 1959 (for short "the Act"). Although the petitioner had claimed the refund of full amount of the Court fees that he has paid, he would be entitled to the relief under section 43 of the Act. 3. The impugned order is set aside. The petitioner is entitled to a refund of half the Court fees paid by him and the same shall be disbursed to him. The Petition is disposed of accordingly. [SMT. NISHITA MHATRE, J.] arp