Refund of Registrar Fees is not available where payment was voluntary and the statutory scheme contains no refund obligation.

Voluntary payment of fees to the Registrar for company registration under the Companies Act scheme is not refundable where the applicant subsequently declines to proceed; the statutory framework treats fees as payable on presentation and scrutiny of documents and contains no obligation to refund, and collection authorised by law is not vitiated by mistake. The Registrar remained entitled to act or refuse registration as provided, and extraordinary writ relief is discretionary; on these grounds the petitioner was held not entitled to a refund or mandamus and the petition dismissed.

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Issues: Whether the petitioner is entitled to a refund of fees paid to the Registrar of Companies and to relief by mandamus or other extraordinary writs for recovery of such fees.

Analysis: The payment was voluntary and made under Section 611 read with item 2 of Schedule X of the Companies Act, 1956. The statutory scheme (Sections 33 and 34 of the Companies Act, 1956) indicates that the process and services for registration commence on presentation and scrutiny of the documents, and fees specified are payable in respect of those matters; there is no provision in the statute, rules or regulations mandating refund of such fees where the applicant subsequently declines to proceed. The collection was authorised by law and not made under a mistake, and the Registrar remained ready to perform or to refuse registration as the Act required. Moreover, the availability of extraordinary writ relief is discretionary and, on the facts, refusal to exercise that discretion is appropriate.

Conclusion: The petitioner is not entitled to a refund of the fees or to mandamus; the petition is dismissed.

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