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Madras High CourtA/1976/2026ordered

R. Vasu v. M/S. Belair Corporation Private Limited And Another

2026-04-30Honourable Dr.Justice A.D.Maria Clete5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-04-2026

CORAM

THE HON'BLE DR.JUSTICE A.D.MARIA CLETE A Nos. 1976 & 1977 of 2026 in C.S. No. 224 of 2012 R. Vasu S/o.Radhakrishnan, PENT HOUSE B RENAISSANCE 11/A RANJITH ROAD KOTTURPURAM CHENNAI 85 ..Applicant(s) in A. No.

Sarala Vasu W/o.R,Vasu, PENT HOUSE B RENAISSANCE 11/A RANJITH ROAD KOTTURPURAM CHENNAI 85 ..Applicant(s) in A. No.

Vs

1. M/s. Belair Corporation Private Limited (Formerly known as M/s.Belair Enterprises Private Limited) Represented by its Managing Director Aravind Srinivasan, Old No.140A, New No.94, Luz Church Road, Mylapore, Chennai 600004.

2. Sarala Vasu W/o.R.Vasu, Penthouse B, Renaissance, No.11/A, Ranjith Road, Kotturpuram, Chennai 600 085.

1/5

..Respondent(s) in A.No.1976 of 2026 1.M/s. Belair Corporation Private Limited (Formerly known as M/s.Belair Enterprises Private Limited) Represented by its Managing Director Aravind Srinivasan, Old No.140A, New No.94, Luz Church Road, Mylapore, Chennai 600004.

2.R. Vasu S/o.Radhakrishnan, PENT HOUSE B RENAISSANCE 11/A RANJITH ROAD KOTTURPURAM CHENNAI 85 ..Respondent(s) in A.No.1977 of 2026 COMMON PRAYER: To direct the refund of the court of amounting to Rs.88,666/-, which was paid towards the 1st Defendants counter claim in C.S.NO.224 of 2012 and a sum of Rs.1,44,768/- which was paid towards the 2nd defendant's counter-claim in C.S.No.224 of 2012. For Applicant(s):

Ms.Gopika Nambiar for M/S.K.Sharath Chandran For Respondent(s):

Mr.P.N.Swaminathan

ORDER

These applications have been filed to direct the refund of the court of amounting to Rs.88,666/-, which was paid towards the 1st Defendants counter claim and a sum 2/5

of Rs.1,44,768/- which was paid towards the 2nd defendant's counter-claim in C.S.NO.224 of 2012.

2.

Learned counsel for the applicants submits that the suit in C.S.No.224 of 2012 was decreed as settled out of court in terms of memo of understanding on 11.02.2026 and the plaintiff / first respondent in both the applications was given refund of half of the court fee paid. However, since the applicants herein who are the defendants in the above suit has not sought for refund of the court fee at that point of time, they have not been granted the said relief and thus, they have taken out these applications for refund of the entire court fee paid in terms of Section 69A of the Act and has relied on the Judgment of the Hon'ble Supreme Court in, High Court of Judicature at Madras, rep. by its Registrar General Vs. M.C.Subramaniam and others reported in 2021 (3) SCC 560. 3.

Learned counsel for the first respondent/plaintiff submits that he has got no objection in allowing these applications.

4.

Heard and perused the materials available on record. 3/5

5.

Considering the reasons stated in the affidavits filed in support of these applications, Registry is directed to refund half of the court fee paid paid by the applicants / defendants in the above suit.

6.

Accordingly, these applications are ordered in the above terms. No costs. 30-04-2026 Index: Yes/No Speaking/Non-speaking order AY 4/5

DR.A.D.MARIA CLETE, J.

AY A Nos. 1976 & 1977 of 2026 in C.S. No. 224 of 2012 30-04-2026 5/5