Balakrishnan, J.

This appeal is filed against the order in O.P. (MV) 33/82. The Registry raised an objection that the Court fee paid on the appeal is not correct. According to the appellant, the Court fee paid is correct and the matter is placed before us to decide the question as to whether the court fee paid is correct or not. The appellant contends that the appeal is filed against the order passed in an arbitration O.P. filed in 1982 and the appeal being a continuation of that proceeding, the court fee to be paid on appeal is the same as that was payable on the date of the filing of the O.P. and, it is argued that the amendment to Court Fees and Suit Valuation Act which came into force on 5th December, 1990 has no application. Reliance was placed on the decision reported in State of Bombay v. M/s. S.G. Films Exchange (AIR 1960 SC 980). The Registry points out that in view of the decision reported in Kochappu v. Somasundaran Chettiar (1991 (1) KLT 657) the Court fee paid is not correct.

2. We heard appellant's counsel. In State of Bombay v. M/s. S.G. Films Exchange (AIR 1960 SC 980) the Supreme Court considered the question of refund of court fee. In that case, the suit