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Issues:
1. Voluntary payment of fee for registration of a company under the Companies Act. 2. Refund of fee paid under section 611 of the Companies Act. 3. Jurisdiction of the court under articles 226 and 227 of the Constitution. 4. Interpretation of Section 611 of the Companies Act regarding fee payment. 5. Services rendered by the Registrar in the registration process. 6. Entitlement to refund of fee if services are not completed. 7. Dismissal of the petition with costs. Analysis: 1. The petitioner voluntarily made a payment of Rs. 9,250 to the Registrar of Companies for the registration of a company, as required under section 611 of the Companies Act. The payment was not made under any compulsion, and there was no refusal by the Registrar to perform the necessary services. The petitioner decided not to proceed with the registration process after certain defects were identified, which was his own decision beyond the Registrar's control. 2. The court highlighted that there is no provision in the Companies Act for the refund of a fee once paid. Even if the petitioner had a cause of action for a refund, it was not obligatory for the Registrar or the Central Government to make the refund, as the collection of the fee was authorized by law and not a result of any mistake. The court emphasized that not every liability of the Government creates a duty compellable by mandamus. 3. The court deliberated on the jurisdiction under articles 226 and 227 of the Constitution and expressed doubts regarding the petitioner's entitlement to enforce the refund of the fee through such proceedings. It was mentioned that the mere fact that the money was due from the Government or a public officer does not automatically grant the petitioner the right to seek redress through extraordinary jurisdiction. 4. The interpretation of Section 611 of the Companies Act was analyzed to understand the fee payment requirements. The court emphasized that the fee specified in Schedule X is payable "in respect of" the registration of a company and not necessarily upon completion of the registration process. The fee is intended to cover the services provided by the Registrar from the initiation of the registration process. 5. The court clarified that the registration process under the Companies Act begins when the necessary documents are presented to the Registrar and ends when the registration is completed. The fee payable for registration is expected to be paid at the commencement of the services, aligning with the general practice of statutory fee payments. 6. The petitioner's claim for a refund was dismissed as the Registrar had already commenced the services, and the petitioner's decision not to proceed with the registration process did not entitle him to a refund. The Registrar was willing to complete the registration or refuse it if necessary, indicating that the services were available and not declined by the Registrar. 7. Ultimately, the court dismissed the petition with costs, indicating that the petitioner's claim for a refund was not substantiated based on the legal provisions and the actions of the Registrar. The court exercised its discretion to decline interference in the matter, considering the circumstances of the case and the lack of merit in the petitioner's arguments.
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