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S. VISHWAJITH SHETTY
Bhosale Bio Neem Products – Appellant
Versus
Managing Director – Respondent
JUDGMENT/ORDER
1. Heard the learned counsel for the petitioner as well as the learned High Court Government Pleader who was directed to assist the Court.
2. The petitioner herein who was the plaintiff in OS No.329/2012 has approached this Court invoking its jurisdiction under Article 227 of the Constitution of India with a prayer to direct the Trial Court to refund the Court fee paid by him in O.S.No.329/2012.
3. Brief facts of the case as revealed from the records that would be necessary for the purpose of disposal of this writ petition are that the petitioner herein had filed a suit in OS No.329/2012 before the Court of Civil Judge at Muddebihal (hereinafter referred to as the 'Trial Court') for recovery of a sum of Rs.2, 84, 749.00=25 with interest at the rate of 24%. In the said suit, he had paid Court fee of Rs.19, 400.00. The defendant in the said suit had entered appearance and filed his written statement and at the stage of final arguments, the suit was withdrawn by the plaintiff on the ground that the dispute between the parties was settled out of the Court. Thereafterwards, an application was filed seeking refund of the Court fee paid by him. The said application was rejec
Parties settling disputes without court intervention are entitled to a refund of the Court fees as provided under Sec. 16 of the Court Fees Act, 1870.
The main legal point established in the judgment is that parties involved in a compromise under Order 23 Rule 3 of CPC are entitled to a refund of Court Fees under Section 89 of the CPC and Section 1....
Point of law :Recall of compromise decree - Application for recalling of a compromise decree has to be filed only before the Court that had recorded the compromise in terms of Order XXIII Rule 3(a) o....
The court affirmed the right to court fee refunds upon referral to arbitration, emphasizing that such a referral entitles plaintiffs to refunds irrespective of arbitration outcomes.
Refund of court fees is permitted under Section 16 of the Court Fees Act when disputes are settled outside of court, inclusive of all forms of settlements as interpreted by the Supreme Court.
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