Sanjeevkumar Harakchand Kankariya vs Union Of India

insc-2024-1004 Supreme Court of India 19 December 2024 • Special Leave Petition (Civil) No.1904 of 2015 • 34 min read

Judges (2)

C.T. Ravikumar Coram Sanjay Karol Delivered

Parties (3)

State of Maharashtra Respondent Union of India Respondent Sanjeevkumar Harakchand Kankariya Appellant

Case Significance

Sanjeevkumar Harakchand Kankariya vs Union Of India is a Supreme Court of India decision dated December 19, 2024 (citation: insc-2024-1004). The appellant challenged the denial of full refund of court fees after his civil suit was settled through ADR under Section 89 CPC, arguing that the Maharashtra Court Fees Act notification limiting refund was contrary to law. The Supreme Court held that the 2015 amendment to the Maharashtra Court Fees Act now provides full refund for ADR settlements, and exercising Article 142 powers, directed refund of the appellant's approximately Rs. 5 lakhs in court fees. The bench comprised Justices C.T. Ravikumar and Sanjay Karol. The judgment was delivered by Justice Sanjay Karol.

Summary

The appellant challenged the denial of full refund of court fees after his civil suit was settled through ADR under Section 89 CPC, arguing that the Maharashtra Court Fees Act notification limiting refund was contrary to law. The Supreme Court held that the 2015 amendment to the Maharashtra Court Fees Act now provides full refund for ADR settlements, and exercising Article 142 powers, directed refund of the appellant's approximately Rs. 5 lakhs in court fees.

What was the outcome of Sanjeevkumar Harakchand Kankariya vs Union Of India?

The appellant challenged the denial of full refund of court fees after his civil suit was settled through ADR under Section 89 CPC, arguing that the Maharashtra Court Fees Act notification limiting re...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (insc-2024-1004)