WANGDI, J. - (1.) THIS petition is directed against the impugned Order of the Learned District Judge, East and North Sikkim at Gangtok dated 28 -05 -2013 in Civil Misc. Case No.41 of 2011 by which an application under Section 6 of the Sikkim Court Fees (Exemption and Miscellaneous Provisions) Act, 1983, filed by the Petitioner for refund of court fees amounting to Rs.7,11,342.15 was rejected.
(2.) SHORN of all the details, it is the case of the Petitioner that in a suit for recovery of Rs.56,90,737/ - filed by it against M/s. Golden Tobacco Company (P) Ltd. and Others being Money Suit No. 36 of 1984, court fees of Rs.7,11,342.15 was deposited vide BR No.116932 dated 04 -05 -1984 in the State Bank of Sikkim, Gangtok Branch. This Suit was subsequently transferred by the Hon'ble Supreme Court to itself by its Order dated 27 -11 -1984 in Transfer Petition No.439 of 1984. Later this was referred for settlement by arbitration of Hon'ble Shri Justice S. C. Agarwal, retired Judge, Supreme Court of India, as the Sole Arbitrator who after hearing the parties disposed of the matter vide award dated 28 -12 -2007. A decree was thereafter drawn in terms of this award vide Order of the Hon'ble Supreme Court vide Order dated 02 -02 -2010.
(3.) AS soon as the said decree was received, the Petitioner approached the District Collector with an application dated 12 -11 -2009 for refund of court fees amounting to Rs.7,11,342.15 who by Order dated 05 -04 - 2010 issued a Certificate of Settlement. It is stated that despite the Order of the District Collector the Petitioner was not granted the refund as prayed for leading the Petitioner filing an application under Section 6 of the Sikkim Court Fees (Exemption and Miscellaneous Provisions) Act, 1983, before the Court of the Learned District Judge, East and North Sikkim at Gangtok which was registered as Civil Misc. Case No.41 of 2011.;