Durai Dhandaapaani v. P. Thiruvadivel
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.03.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and C.M.P. No.18422 of 2021 in A.S. No.437 of 2021 Durai Dhandaapaani .. Appellant Vs.
P.Thiruvadivel .. Respondent Appeal Suit filed under Section 96 of C.P.C. against the judgment and decree dated 06.07.2021 passed in O.S. No.1 of 2018 on the file of the Principal District Judge, Tiruppur. For Appellant :
Mr.R.Bharath Kumar For Respondent :
No appearance
JUDGMENT
(Judgment of the Court was delivered by M.Sundar, J.) Matter mentioned at half past ten.
2. Captioned matter is listed under the cause list caption 'FOR WITHDRAWAL' at the instance of learned counsel on record for 1/7
appellant in the main 'appeal suit' (hereinafter 'AS' for the sake of brevity) and for the petitioner in the captioned 'Civil Miscellaneous Petition' (hereinafter 'CMP' for the sake of brevity).
3. Mr.R.Bharath Kumar, learned counsel on record for appellant in AS and petitioner in CMP who is before us has placed before this Bench a letter dated 23.03.2024 from the appellant/petitioner Mr.Durai Dhandaapaani, Son of Mr.P.Duraisamy and a scanned reproduction of the same is as follows: 2/7
4. Mr.R.Bharath Kumar, learned counsel on record for appellant/petitioner has made endorsements in the case file and scanned reproduction of the same are as follows: 3/7
5. Mr.R.Bharath Kumar, learned counsel for appellant requests for refund of court fee by referring to Section 69-A of 'Tamil Nadu Court-Fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of 1955)' (hereinafter 'TN Court Fees Act' for the sake of brevity) and judgment of Hon'ble Supreme Court in M.C.Subramaniam's case (The High Court of Judicature at Madras rep. By its Registrar General Vs. M.C.Subramaniam and Others) being order dated 17.02.2021 made in S.L.P. (Civil) Nos.3063-3064 of 2021 (Diary No.3869-2021). Learned counsel draws our attention to paragraphs 21 and 23 of M.C.Subramaniam's case, which read as follows:
'21. Thus, in our view, the High Court was correct in holding that Section 89 of the CPC and Section 69-A of the 1955 Act be interpreted liberally. In view of this broad purposive construction, we affirm the High Court's conclusion, and hold that Section 89 of CPC shall cover, and the benefit of Section 69-A of the 1955 Act shall also extend to, all methods of out-of-court dispute settlement between parties that the Court subsequently finds to have been legally arrived at. This would, thus, cover the present 4/7
controversy, wherein a private settlement was arrived at, and a memo to withdraw the appeal was filed before the High Court. In such a case as well, the appellant i.e., Respondent No.1 herein would be entitled to refund of court fee.
23. The petitioners are directed to refund the court fee deposited by Respondent No.1 for Appeal Suits Nos.876 of 2012 and 566 of 2013, within a period of six weeks.'
6. In the light of Section 69-A of TN Court Fees Act and M.C.Subramaniam's principle laid down by Hon'ble Supreme Court, the appellant is entitled to refund of court fee. Registry to process refund of court fee to the appellant as per the prescribed procedure subject to standard deductions if applicable and refund of court fee shall be by way of an instrument drawn in favour of the appellant Mr.Durai Dhandaapaani, Son of Mr.P.Duraisamy. This process shall be completed by the Registry as expeditiously as the business of the Registry would permit but in any event on or before 30.04.2024 subject of course to learned counsel for appellant/petitioner and appellant/petitioner complying with all requirements regarding procedure for refund of court fee.
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7. In the light of the narrative thus far, captioned AS is dismissed as settled out of Court and captioned CMP is disposed of as closed/not pressed. There shall be no order as to costs. (M.S.J.) (K.G.T.J.) 26.03.2024 Index:Yes/No mmi To The Principal District Judge, Tiruppur.
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M.SUNDAR.J., and K.GOVINDARAJAN THILAKAVADI, J., mmi 26.03.2024 7/7