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(PER RAJESH S. PATIL, J.)

1. Rule. Rule made returnable forthwith. Respondents waive service. By consent of the parties heard finally.

2. This Writ Petition is filed under Article 226 and 227 of the Constitution of India by the Petitioner bank, praying for a writ of mandamus for quashing the words "and Defendant shall file joint Application" from Rule 5 of the Debts and Recovery Tribunal (Refund of Court fees) Rules, 2013, ( Refund Rules) and also seeking a direction to Respondent No.3 (Registrar, DRT-II) Mumbai, to immediately release the amount quantified in impugned order without insisting for joint Application.

10.wp.5229.2022.odt received the settlement amount.

4. On 7th March 2019 the said Interlocutory Application NO. 272 of 2019, was heard by DRT-II, Mumbai, when the Advocate for the Petitioner was present, however, none appeared for the Defendant (Borrower). On the submission made by the Advocate for the Petitioner the Original Application was permitted to be withdrawn and was disposed of, as the dispute stood settled out of Court. The Petitioner was directed to follow the procedure for refund of court fees as per the refund of court fees rules.

5. The Petitioner thereafter filed an Application for refund of Court Fees. The DRT-II, Mumbai on 18th June 2022 passed an order on the said application observing that the Applicant and the Defendant should file a joint Application for refund of court fees as per rules. It was observed that as the Petitioner/Applicant had not submitted a joint Application, hence, the application would not be processed further.

6. Being aggrieved by the said order passed by the DRT-II, Mumbai, in not awarding refund/return of Court Fees in the absence of a joint application, the Petitioner has filed the present Writ Petition praying for the following reliefs :-

17. In view of above deliberations, we are inclined to allow the petition in terms of our above observations. The above observations be taken into consideration by the Registrar of the DRT in processing applications for refund of Court fees including the petitioner's case.

18. Petition stands disposed of in the above terms. No costs.

19. The Registrar, DRT, Mumbai, to forward a copy of this order to the other DRTs in the State. 

(RAJESH S. PATIL, J.)                    (G. S. KULKARNI, J.)




Amol D. Nawale