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Madras High CourtCS/403/2019dismissed as withdrawal

N.Mohamed Zackriah v. Rafeeq Trsut

2019-07-16Honourable Mr Justice R. Subramanian2 pages

C.S.No.403 of 2019 in O.A.No.636 of 2019 C.S.No.403 of 2019 and O.A.No.636 of 2019 R.SUBRAMANIAN.J., Today, this matter has been listed under the caption 'for being mentioned' at the instance of the learned counsel.

2. While ordering refund of court fee on 16.07.2019, the Registry was directed to refund the entire court fee by issuing cheque in the name of the 1st plaintiff with a direction that the cheque should be handed over to the counsel for the plaintiff.

3. It is now stated that the Registry does not issue cheque for refund of court fee and the amount is credited to the account of the plaintiff by NEFT transfer. The procedure involved in such transfer requires the plaintiff to appear before the concerned Officer and sign the acknowledgment for receipt of refund.

4. Mrs.Rita Chandrasekarn, learned counsel appearing for the plaintiffs would submit that the 1st plaintiff is aged about 80 years. 1/2 http://www.judis.nic.in

C.S.No.403 of 2019 in O.A.No.636 of 2019 R.SUBRAMANIAN.J., dsa Being immobile, he cannot undertake travel. Therefore, she would request that the NEFT transfer may be made to the counsel for the plaintiff viz., M/s.Aiyar and Dolia after obtaining the acknowledgment from the counsel. This course would avoid the difficulties in the plaintiff coming to court and signing the acknowledgment before the Officer of this Court.

5. Hence, the order dated 16.07.2019 is modified and the Registry is directed to refund the entire court fee to the counsel for the plaintiffs M/s. Aiyar and Dolia by effecting NEFT transfer to the account of the counsel for the plaintiffs upon acknowledgment by the counsel for the plaintiffs.

05.11.2019 dsa C.S.No.403 of 2019 in O.A.No.636 of 2019 2/2 http://www.judis.nic.in