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Madras High CourtCRP(MD)/1018/2022disposed of

M/S.Sree Vari Enterprised v. M/S.Deepa Panels Private Limited

2022-04-29Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.R.P(PD)(MD).No. 1018 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2022

CORAM

THE HONOURABLE MRS.JUSTICE S. ANANTHI C.R.P(PD)(MD).No. 1018 of 2022 M/s.Sree Vari Enterprises, Rep by one of its partners R.Sekar ... Petitioner/Petitioner/Plaintiff Vs

1. M/s.Deepa Panels Private Limited, Rep. by its Managing Director, Pratheep Sirakkal

2. Pratheep Sirakkal

3. C.K.Unni

4. C.Vijayakumari

5. Sandhya Pratheep

6. Ranjini Vinoth

7. Minor Neha Vinoth

8. Minor Kirish Vinoth ... Respondents/Respondents/Defendants (Minor Respondents 7 and 8 represented through their Mother and Next Friend sixth respondent) PRAYER:Civil Revision Petition filed under Article 227 of Constitution of India to set aside the return order and direct the learned I Additional District Judge, Madurai to take on file of the returned memo dated 01-03-2022 in Memo No.2858 of 2022 in O.S.No.179 of 2015.

For Petitioner :

Mr.R.J.Karthick

ORDER

To set aside the return order and direct the learned I Additional District Judge, Madurai to take on file the returned memo, dated 01.03.2022 in Memo No.2858 of 2022 in O.S.No.179 of 2015, the revision petitioner has filed this Civil Revision Petition.

2.Heard the learned counsel appearing for petitioner and perused the materials available on record.

3.The memo was filed by the revision petitioner, to refund the Court fee paid on the plaint, on the ground that the matter was settled before Lok-Adalat. The Presiding Officer returned the memo https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(PD)(MD).No. 1018 of 2022 stating that since an exparte decree was passed in favour of the plaintiff, the plaintiff can not claim refund of full court fee. The Presiding Officer has rightly the returned the memo. However, if the exparte decree is set aside and settled before Lok-Adalat, as per the request of the petitioner, the Presiding Officer can act as per rules.

4.This Civil Revision Petition is disposed of, with the above observations. No costs.

Sd/- Assistant Registrar (Protocol) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM To The I Additional District Judge, Madurai.

ORDER IN C.R.P(PD)(MD).No. 1018 of 2022 29.04.2022 MA(CO) GC(03.06.2022) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2