The correct court fee for execution petitions is to be calculated according to the prescribed formula in the Kerala Court Fees and Suits Valuation Act, which ruled the excess court fee demanded was invalid.

JUDGMENT :

K. NATARAJAN, J.

This original petition is filed by the petitioner under Article 227 of the Constitution of India, challenging the fixation of court fee by the Principal Sub-Court, Ernakulam, in E.P. (Com) No.20 of 2025, as per Ext.P1 dated 20.09.2025, and seeking a refund of the excess court fee paid by the petitioner.

2. The case of the petitioner is that the petitioner obtained an arbitral award and filed an execution petition before the Commercial Court, Ernakulam, in E.P. (Com) No.20 of 2025. The petitioner's counsel contended that he has paid the court fee of Rs. 3,055.90 (Rs. 3056) as per the calculation, and as per the provisions of Schedule II of Article 9(O) of the Kerala Court Fees and Suits Valuation Act, as the amount in the execution case was Rs. 7,15,36,171.28. The petitioner has deposited Rs. 3056 as court fee, but the Trial Court insisted on paying the maximum court fee of Rs. 50,000/-, which is not correct. On the protest, the petitioner had deposited the entire court fee of Rs. 50,000/-, an excess of Rs. 46,944. Therefore, it is contended that the calculation made by the Office of the Commercial Court is not correct. Hence, prayed for setting aside the same and prayed for a refund of the excess court fee.

3. Heard the arguments of the learned counsel for the petitioner, counsel for the respondent, and perused the records.

4. The points that arise for consideration are:

(i) Whether the court fee payable by the petitioner is as per Schedule II of Article 9 (O) of the Act, is Rs. 50,000/- or Rs. 3,056/-, as contended by the petitioner?

(ii) Whether the order under challenge calls for any interference?

5. On perusal of the records, it is not in dispute that the petitioner has obtained the arbitral award and filed an execution petition by claiming Rs. 7,15,36,171.28, and he has calculated the court fee as per Schedule II of Article 9(O) as Rs. 3,056/-, which is calculated as under:

0) Application for enforcing awards, including foreign awards-

6. Learned counsel for the petitioner contended that as per the Sub para 1 to sub section (o), up to Rs. 1,00,000/-; 1% of the value of the subject matter is payable for every per centum, i.e., for every 100/- rupees, Rs. 1.00 has to be paid, and after Rs. 1,00,000/- and up to Rs. 10,00,000/-, 0.75 per centum; ( 0.75 paise) has to be paid. And above Rs. 10 lakh - up to Rs. 1 Crore, he has to pay 0.50 per centum, and the remaining amount (above one crore) he has to pay 0.25 per centum. He has calculated as per the above provision, which comes to Rs. 3,055.90 (rounded off to Rs. 3056). But the trial court insisted on Rs. 50,000/-, which is not correct, and the excess court fee has to be refunded. In view of the submission, the calculations are as under:

7. On perusal of the calculation made, the court fee payable for up to Rs. 1,00,000/- consists of 1000 hundreds, i.e., (1000x100x1), i.e., every 100 rupees, 1 rupee is calculated; it becomes Rs. 1,000/-. Exceeding Rs. 1,00,000/- up to Rs. 10,00,000/-, i.e., for Rs. 9,00,000/-which comes