1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CIVIL APPLICATION NO. 1979/2009 IN FIRST APPEAL NO:801 /2007(d) (Shri Prabhubhai Jadhavji Rathod vs. Union of India and others ) ------------------------------------------------------------------------------------------- Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Mr R R Shrivastava Adv.for appellant Mr R.G.Agrawal, Advocate for respondent Coram : A.P.BHANGALE, J. Dated : 5th November, 2009 By this application filed by the appellant in First Appeal No. 801/2007 decided on 28.2.2008 by this Court, it is submitted that in view of Article 13(c) : II Schedule of the Bombay Court Fees Act, 1959 for the memorandum of appeal when the appeal is not from a decree or an order having the force of a decree is presented to the High Court, the Court fee chargeable or payable is Rs. 25/- only; but the appellant was required to pay court fees of Rs.7,430/-. Learned Advocate for the appellant submitted that the clause referred to above has been interpreted by the Full Bench of this Court in the case of Puneet Malhotra vs. R.S.Gai- sole Arbitrator and others; reported in 2008 (6) Mh.L.J.867. The Full Bench, in its collective wisdom, after making reference to the relevant provisions of the Bombay Court Fees Act concluded that the court fees is payable in an appeal preferred under section 37 of the Arbitration & Conciliation Act 1996 and it is payable according to Article 13 Schedule II of the Bombay Court Fees Act. That being so, the amount of Rs. 25/- was only payable by the 2 appellant; but instead an amount of Rs. 7,430/- was paid. Hence balance amount of court fees paid over and above Rs. 25/- be refunded to the applicant/appellant. Application stands disposed of, with the above direction. JUDGE. sahare