M/S.Credavenue Private Limited v. Jatin Goyal And Another

Arb.Appln.No.267 of 2024 KRISHNAN RAMASAMY, J.

This application has been filed to direct the 1st respondent to furnish security to a sum of Rs.3,36,697/- and to issue an order of attachment of the bank account of the 1st respondent.

2. Today, the learned counsel for the applicant would submit that since the entire due amount has been paid by the 1st respondent, nothing survives in this application and hence, he requests this Court to close this application. Further, he seeks for refund of entire Court fee.

3. Recording the above submission, this application is closed.

4. In the light of the decision of the Honourable Supreme Court in 2021 SCC Online SC 109 (The High Court of Judicature at Madras Vs. M.C.Subramaniam and others) and Section 89(2) of CPC and Section 69A of the Tamil Nadu Court Fee and Suit Valuation Act, 1955, the applicant is entitled to refund of full Court fee.

5. Accordingly, the Registry is directed to refund the full Court fee subject to all procedural formalities in this regard being complied with, by way of a negotiable instrument in favour of the learned counsel for the applicant, within a period of four weeks from the date of receipt of a copy of this order.

16.07.2024 nsa https://www.mhc.tn.gov.in/judis