Madras High Court
Conny Blom vs Sivasankar Impex on 31 March, 2023
A.S.No.129 of 2005
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 31/3/2023
CORAM
The Hon'ble Mr.Justice S.S.SUNDAR
and
The Hon'ble Mr.Justice P.B.BALAJI
A.S.No.129 of 2005
and
C.M.P.Nos.1815 of 2005 and 661 of 2010
Conny Blom ... Appellant
Vs
Sivasankar Impex ... Respondent
PRAYER : Appeal Suit filed under Order 41 Rule 1 and Section 96 of
C.P.C., against the decree and judgment dated 31/8/2004 in O.S.No.226 of
2004 on the file of I Fast Track Court, Poonamallee, Chennai.
For appellant ... Mr.Vinod Paul
for Mr.David Tyagaraj
For respondent ... Mr.P.Mahalingam
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A.S.No.129 of 2005
JUDGMENT
(Judgment of the Court was delivered by S.S.SUNDAR, J)
This Appeal Suit has been filed against the decree and judgment,
dated 31/8/2004, made in O.S.No.226 of 2004, on the file of I Fast Track
Court, Poonamallee, Chennai.
2. Heard Mr.Vinod Paul, learned counsel for the appellant and
Mr.R.Mahalingam, learned counsel for the respondent.
3. Today, when the matter is taken up for hearing, learned counsel
appearing for the appellant submitted that the matter is settled out of Court
and therefore, seeks withdrawal of the appeal. He has also made an
endorsement to that effect.
4. In view of the above, Appeal Suit is dismissed as Settled Out of
Court.
5. However, the appellant has prayed for refund of the Court fees,
under Section 69 of the Tamil Nadu Court Fees & Suit Valuation Act, 1955.
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A.S.No.129 of 2005
The learned counsel appearing for the appellant, brought to the notice of this
Court the judgment reported in 2014 (6) CTC – 252, A.GNANASELVAN
Vs. B.A.XAVIER (DIED), wherein, it is held as follows:-
“8. We are inclined to accede to the request
of the learned counsel for the appellant, specifically
considering the fact that the appeal has been
withdrawn, after settlement. The appellant would
have been able to obtain refund of the Court-fees
under Section 69 A of the said Act, on a recourse of
ADR Mechanism under Section 89 of C.P.C., being
resorted to. The said provision was introduced as an
incentive to aid in assistance to ADR Mechanism as
well the process of settlement of lis. The only
difference is that the present settlement of lis is
inter-se parties, without intervention of a mediator.
9. We are sure that the application to be
preferred by the appellant would receive appropriate
consideration by the Government ex gratia and
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A.S.No.129 of 2005
misericordia do mini regis, keeping in mind the
salutary object of encouraging settlement in
whatever form feasible albeit inter-se settlement
between the parties. The Registry is directed to
return the defaced Stamp Papers, with due
certificate to enable the appellant to make such an
application. We would expect disposal of such
application within a period of two months of receipt
of the same from the appellant.”
6. It is pertinent to mention that request for refund of Court fee is
made even in 2010. In view of the above, we are inclined to accede to the
request of the learned counsel appearing for the appellant. Accordingly,
C.M.P.No.661 of 2010, filed to refund the Court fee of Rs.2,22,606/-
affixed by the appellant in A.S.No.129 of 2005 is allowed.
7. In such a view of the matter, appellant is directed to submit a
request letter, along with a copy of this order to the Registry, within a period
of one week from today. On receipt of such request, Registry is directed to
return the defaced stamp papers with due certificate to enable the appellant
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A.S.No.129 of 2005
to make such application before the Treasury or refund the Court fee of
Rs.2,22,606/- (Rupees Two lakhs twenty two thousand six hundred and six
only), to the appellant, following the procedure, within a period of two
months, thereafter.
No costs. Consequently, the connected C.M.P.No.1815 of 2005 is closed.
(S.S.S.R,J) (P.B.B.,J)
th
20 March, 2023
mvs.
Inde: Yes/No
Neutral Citation: Yes/No
To
I Fast Track Court, Poonamallee, Chennai.
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A.S.No.129 of 2005
S.S.SUNDAR,J
AND
P.B.BALAJI,J
mvs.
A.S.No.129 of 2005
31/3/2023
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