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2019 Supreme(Bom) 550

A.S.OKA, M.S.SANKLECHA
MAHARISHI SHANKARRAO MOHITE-PATIL SAHAKAR SAKHAR KARKHANA LTD, SOLAPUR – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates Appeared:
Suresh Sunil Shah, Adv., Swaroop Karade, Adv., A.B. Vagyani, Adv., Y.S. Kochare, Adv., Rahul Nerlekar, Adv.

JUDGMENT :

A.S. Oka, J.

On the earlier date, we had put the parties to the notice that considering the importance of the issue involved, the petitions will be taken up for final disposal at the admission stage. Accordingly we issue Rule. The learned Government Pleader waives service for the first respondent. Considering the nature of controversy, notice to the second and third respondents is dispensed with.

2. The issue which arises for consideration in these three petitions is as under :-

"Whether a litigant who settles a suit before Lok Adalat held under the Legal Services Authorities Act, 1987 (for short "the said Act of 1987) is entitled to 100% refund of Court Fees paid ?"

3. The factual aspect in all these three petitions are more or less same. Therefore, we are referring only to the facts in Writ Petition No.9864 of 2017. The petitioner filed a money suit against the third respondent in the Court of Civil Judge, Senior Division at Malshiras, District Solapur. The suit was placed before the Lok Adalat on 9th April, 2016. A compromise was arrived at between the parties before the Lok Adalat and a written compromise was tendered on record before the Lok Adalat. The suit was disposed















































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