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SUPREME COURT OF INDIA
M.P. Thakkar and B.C. Ray, JJ.
The Aluminium Industries Ltd., Kerala - Petitioner
Versus
The Madras Aluminium Co. Ltd. - Respondent
Civil Appeal No. 828 of 1987 (Arising out of S.L.P. (Civil) No. 3181 of 1986)
Decided On : 23-3-1987
Installment Payment - We must place on record our high appreciation for positive attitude adopted by parties and their learned counsel for resolving problem in a manner satisfactory to both sides as suggested by Court - Suit instituted by respondent/defendant is decreed for principal amount claimed in plaint - Inasmuch as sum which has been paid after institution of suit has to be adjusted against this amount total amount now payable by respondent to appellant plaintiff - In case there is a default in payment in instalments for two consecutive months entire amount remaining outstanding from aforesaid decretal amount will be recoverable immediately by execution of decree through Court – Held, Inasmuch as parties have settled matter before commencement of trial refund of Court fees admissible as per rules will be refunded to plaintiff upon making an application to Court in accordance with law - We are told that half of Court fees will he refundable to plaintiff remaining half will have to be paid by appellant to plaintiff - said amount will be paid along with last instalment - A copy of this order will be forwarded by learned Registrar to Trial Court and Trial Court will treat suit as having been disposed of in terms of this order making appropriate proceedings and appropriate orders to give effect to this direction - Appeal is disposed of.
ORDER :
1. Special leave granted. We must place on record our high appreciation for the positive attitude adopted by the parties and their learned counsel for resolving the problem in a manner satisfactory to both sides as suggested by Court. By consent we therefore order as follows :
(2) There will be no order in regard to claim for interest.
(3) The aforesaid decreed amount will be payable by equal monthly instalments so that the entire amount is paid latest by 31st January, 1988.
(4) The first instalment will be paid within a week from today. 11
(5) Subsequent instalments will be paid on or before the expiry of each succeeding month regularly. In case there is a default in payment in instalments for two consecutive months, the entire amount remaining outstanding from the aforesaid decretal amount will be recoverable immediately by the execution of the decree 1, through the Court.
(6) Inasmuch as the parties have settled the matter before the commencement of the trial the refund of Court fees admissible as per rules will be refunded to the plaintiff upon making an application to the Court in accordance with law.
(7) We are told that half of the Court fees will he refundable to the plaintiff. The remaining half will have to be paid by the appellant to the plaintiff. The said amount will be paid along with the last instalment.
(8) There will be no order regarding costs.
2. A copy of this order will be forwarded by the learned Registrar to the Trial Court and the Trial Court will treat the suit as having been disposed of in terms of this order making appropriate proceedings and appropriate orders to give effect to this direction,
3. The appeal is disposed of accordingly.
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