ORDER :

Manindra Mohan Shrivastava, J.

Heard an application for withdrawal of appeal U/O 23 Rule 03 of C.P.C and also prayer for refund of Court fee.

2. Learned counsel for the appellants while pressing his application for withdrawal of this appeal submits that the appeal is being withdrawn pursuant to a amicable settlement of dispute arrived at between the parties outside the Court without getting the matter referred to alternative dispute resolution forum as contemplated under Section 89 of the CPC. He would submit that in such cases also provision relating to refund of Court fee under Section 16 of the Court fee Act, 1870 would apply to entitle the appellants to refund of Court fee. For this purpose he relies upon a recent judicial pronouncement of Supreme Court in High Court of Judicature At Madras Vs. M.C. Subramaniam and Others (2021) 3 SCC 560.

3. Learned counsel for the respondents do not dispute the factual position with regard to amicable settlement of dispute between the parties and that being the operative reason for withdrawal of the appeal.

4. In view of the aforesaid admitted factual premise, the judgment of Supreme Court in High Court of Judicature At Madras Vs. M.C. Sub