1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CAO NO. 51 OF 2009 IN CA NO. 3278/2008 IN REJ. FA NO. 361 OF 2008 (Rajashri Ravindrakumar Tiknayat & Anr. vs. State Bank of India & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. FEBRUARY 10, 2009. Heard Shri Mohta, learned counsel for the applicant/ appellant. The refund is sought as prayer for condonation of delay in filing first appeal has not been granted. Shri Mohta, learned counsel states that when the plaint is rejected under Order 7, Rule 11 of CPC, the entire Court fee filed on the suit need to be refunded and the same logic applies to present First Appeal as present First Appeal is continuation of proceedings in CA for condonation of delay. After hearing him, I find that even if there is no delay in filing appeal and appeal filed within limitation is sought to be withdrawn, the proportionate refund can be ordered. Hence, the office to consider the application for refund as per law. JUDGE *GS.