Punjab-Haryana High Court
Niranjan Singh vs M/S Suresh Kumar Chand, ... on 28 July, 2023
RSA-1515-2019 (O&M) 2023:PHHC:097132
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CM-7201-C-2023
CM-7202-C-2023
CM-7203-C-2023
in/and RSA-1515-2019
Date of Decision:- 28.07.2023
NIRANJAN SINGH .... Appellant
VS
M/S SURESH KUMAR CHAND, COMMISSION AGENT
...Respondent
CORAM:-HON'BLE MS. JUSTICE AMARJOT BHATTI
Present: Mr. Pankaj Kaushik, Advocate for the applicant/appellant.
38 2k 3 2 3
AMARJOT BHATTI, J. (Oral)
CM-7201-C-2023
This is an application under Section 151 of CPC praying for
preponement of the above mentioned RSA No.1515 of 2019 from
21.11.2023 to the earliest possible date.
As the matter has been compromised between the parties, the
application is allowed and the RSA is taken up on Board for today itself.
RSA-1515-2019 (O&M)
The applicant/appellant has filed an application [CM-7202-C-
2023] for withdrawal of the Regular Second Appeal. Learned counsel
representing the applicant/appellant stated that the matter has been
compromised with the respondent, therefore, he does not want to pursue
the present RSA. Copy of compromise dated 01.06.2023 is Annexure A-1.
SANDEEP
2023.08.04 10:59
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SANDEEP
RSA-1515-2019 (O&M) 2023:PHHC:097132
He has also filed an application [CM-7203-C-2023] under Section 151
CPC read with Section 16 of the Court Fees Act, 1870 praying for
refunding the Court Fees deposited by both the parties before the Civil
Judge, Assandh, Additional District Judge, Karnal as well as before this
Court as the compromise is effected between the parties. To support this
argument, he has also relied upon the authority of 2021 (2) RCR (Civil)
228 Supreme Court of India case titled "High Court of Judicature at
Madras Rep. by its Registrar General Vs. M.C. Subramaniam and
Ors." where while dealing with the provision of Section 89 CPC along
with Tamil Nadu Court Fees and Suit Valuation Act, 1955, it was observed
that where the parties privately agreed to settle their dispute outside Court,
without any reference by Court -- Section 89 of CPC cover, and benefit of
Section 69-A of Act extended to all methods of out-of-court dispute
settlement between parties that Court subsequently finds to have been
legally arrived at. It was held that it would cover private amicable
settlement without intervention of Court and the petitioner was directed to
refund Court Fees deposited by the respondent. In that case judgment
passed by the High Court was upheld. By relying upon this authority,
learned counsel for the appellant prayed that the Court Fees already
deposited by the petitioner may be refunded in his favour.
I have considered the stand taken by the appellant. In view of
the statement of learned counsel for the appellant, the application [CM-
7202-C-2023) seeking withdrawal of the instant appeal is allowed.
As such, the Regular Second Appeal is dismissed as
withdrawn on the basis of compromise (Annexure A-1).
2023.08.04 10:59
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RSA-1515-2019 (O&M) 2023:PHHC:097132
As per record, the suit filed by M/s Suresh Kumar Ramesh
Chand, Commission Agent was decreed by the Court of Civil judge (Jr.
Divn.) Assandh, Karnal vide judgment dated 27.02.2015 and the appeal
preferred by Niranjan Singh appellant/defendant No.1 along with another
appeal preferred by plaintiff M/s Suresh Kumar Ramesh Chand,
Commission Agent was again disposed of on merits by learned District
Judge, Karnal vide judgment and decree dated 14.09.2018 wherein the
cross appeal filed by the plaintiff was allowed with costs and the suit filed
by the plaintiff was decreed in toto whereas the appeal filed by the
defendant was dismissed with costs. Thereafter the present RSA has been
filed in which the aforesaid compromise, Annexure A-1, has been effected.
Since the matter has been compromised amicably between the parties
outside the Court in the RSA, therefore, Court Fees deposited at the time
of filing of RSA only be refunded in favour of the appellant/applicant, as
per Rules.
The application [CM-7203-C-2023] for refund of the Court
Fees stands disposed of accordingly.
Pending applications, if any, also stand disposed of.
28.07.2023 (AMARJOT BHATTI)
snd JUDGE
Whether speaking/reasoned: Yes/No.
Whether reportable: Yes/No
SANDEEP
2023.08.04 10:59
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integrity of this document
