Delhi High Court asks State to frame policy for speedy return of court fees to litigants

The Delhi High Court on Wednesday asked the Delhi government to frame a policy or guidelines in four months for expeditious return of court fees once the dispute between litigants is settled.

A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia said that if a codified mechanism is in place, it would ease the difficulties faced by a litigant seeking a refund of court fee either under 16 or 16A of the Court Fee Act, 1870.  

"Once the lawsuit brought to the court is settled between the parties, there is no reason why such a litigant should face difficulties and a long time for the return of the court fee," the Bench observed.

The Court ordered the government to formulate the policy in consultation with the High Court.

The Bench passed the order while dealing with a public interest litigation (PIL) petition filed by advocate Deepak Singh Thakur and another litigant.

Thakur told the Court that the refund of the court fee in Delhi can take up to two years.

"The procedure is very lengthy. Once we apply for it, we get it in 1.5 to 2 years," the counsel said.

After considering the case, the Bench asked the government to frame a policy in four months. It then proceeded to dispose of the petition.