Niranjan Singh And Others vs M/S Suresh Kumar Ramesh Chand ...
2023 Latest Caselaw 11182 P&H

RSA-1634-2019 (O&M) 2023:PHHC:098645

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108

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CM-7204-C-2023
CM-7205-C-2023
CM-7206-C-2023
in/and RSA-1634-2019 (O&M)
Date of Decision:- 28.07.2023

NIRANJAN SINGH AND ORS. .... Appellants

VS

M/S SURESH KUMAR CHAND, COMMISSION AGENT
...Respondent

CORAM:-HON'BLE MS. JUSTICE AMARJOT BHATTI

Present: Mr. Pankaj Kaushik, Advocate for the applicants/appellants.

38 2k 3 2 3

AMARJOT BHATTI, J. (Oral)

CM-7204-C-2023

This is an application under Section 151 of CPC praying for preponement of the above mentioned RSA No.1634 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-1634-2019 (O&M)

The applicants/appellants has filed an application [CM-7205- C-2023] for withdrawal of the Regular Second Appeal. Learned counsel representing the applicants/appellants 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 11:23

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SANDEEP

RSA-1634-2019 (O&M) 2023:PHHC:098645

He has also filed an application [CM-7206-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 appellants prayed that the Court Fees already deposited by the petitioner may be refunded in his favour.

The perusal of RSA-1634-2019 shows that no Court Fees was deposited while filing this RSA as it was done in the connected RSA- 1515-2019 titled as "Niranjan Singh Vs. M/s Suresh Kumar Chand, Commission Agent" preferred against the same judgments and decrees of the trial Court as well as Appellate Court. As per the record, the suit filed

by M/s Suresh Kumar Ramesh Chand, Commission Agent was decreed on

2023.08.04 11:23 | attest to the accuracy and integrity of this document

RSA-1634-2019 (O&M) 2023: PHHC:098645

merits by the Court of Civil Judge (Jr. Divn.), Assandh, Karnal vide judgment dated 27.02.2015 and the appeals preferred by the parties were also disposed of on merits vide judgment and decree dated 14.09.2018. The compromise has been effected during the pendency of the RSA. As referred above, no Court Fees was deposited while filing the present RSA, therefore, the application [CM-7206-C-2023] is, accordingly, declined.

In view of the statement of learned counsel for the appellants, the application [CM-7205-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).

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 11:23

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