1. 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 ₹3,055.90 (₹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 ₹7,15,36,171.28. The petitioner has deposited ₹3056 as court fee, but the Trial Court insisted on paying the maximum court fee of ₹50,000/-, which is not correct.  On the protest, the petitioner had deposited the entire court fee of ₹50,000/-, an excess of ₹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 ₹50,000/- or ₹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 ₹7,15,36,171.28, and he has calculated the court fee as per Schedule II of Article 9(O) as ₹3,056/-, which is calculated as under:

                  

                  

                6. Learned counsel for the petitioner contended that as per the Sub para 1 to sub section (o), up to ₹ 1,00,000/-; 1% of the value of the subject matter is payable for every per centum, i.e., for every 100/- rupees, ₹1.00 has to be paid, and after ₹1,00,000/- and up to ₹10,00,000/-, 0.75 per centum; ( 0.75 paise) has to be paid. And above ₹10 lakh - up to ₹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 ₹3,055.90 (rounded off to ₹3056). But the trial court insisted on ₹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 ₹1,00,000/- consists of 1000 hundreds, i.e., (1000x100x1), i.e., every 100 rupees, 1 rupee is calculated; it becomes ₹1,000/-.

                  Exceeding ₹1,00,000/- up to ₹10,00,000/-, i.e., for ₹9,00,000/- which comes to 9000 hundreds x 0.75; it means (9000 hundreds) x 0.75, comes to ₹67.5.

                  Exceeding ₹10,00,000/- up to ₹1 crore, i.e., ₹90,00,000/- (ninety lakhs) which comes to ₹90,000 hundreds x .50%; he has to pay ₹450/-.

                  Exceeding ₹1,00,00,000/- (one crore), that is for the remaining ₹6,15,36,171.28, which comes to     ₹6,15,36,171.28/100 equal   to 6,15,361.71 i.e., calculated at the rate of 0.25 paise, which comes to ₹1,538.40.

                  Total it becomes ₹3,055.90 (rounded off to 3056). This will be the actual court fee payable by the petitioner.

                  Therefore, the petitioner is not required to pay the amount of ₹50,000 as demanded by the Commercial Court. On perusing the calculation made by the petitioner's counsel, up to ₹10,00,000/-, he has rightly calculated the court fees. The court fee calculated by the petitioner is as under:



                  Hence, the court fee payable is ₹3056. Therefore, the amount calculated by the court below is required to be interfered with and is ordered to be refunded to the petitioner.

                  Accordingly, this original petition is allowed. The order under challenge is set aside. The Commercial Court is directed to calculate the court fee as per Schedule II of Article 9(O), i.e., ₹3,056, and it is directed to refund the remaining excess court fee of ₹46,944 to the petitioner.