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RAJANI DUBEY, SANJAY KUMAR JAISWAL
Arvind Agrawal S/o Late Shri Radheshyam – Appellant
Versus
Oriental Insurance Co. Ltd. , Through Branch Manager – Respondent
JUDGMENT :
Rajani Dubey, J.
1.Heard on I.A. No. 02/2024, application for withdrawal of the appeal and also prayer for refunding of the Court fees.
2.Learned counsel for the appellant while pressing the application for withdrawal of this appeal submits that the appeal is being withdrawn pursuant to an amicable settlement of dispute arrived at between the appellant and the respondent. Appellant abandoned his claim (claimed in FA No. 161/2022) against the respondent and he only seeks withdrawal of this appeal along with refund of Court fees affixed on memo of first appeal. To buttress her contention, reliance has been placed on the judgment of Hon’ble Supreme Court in the matter of High Court of Judicature at Madras Vs. M.C. Subramaniam and others reported in (2021) 3 SCC 560.
3.Learned counsel for the respondent does 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 the matter of High Court of Judicature at Madras Vs. M.C. Subramaniam and others reported in (2021) 3 SCC 560 held in paras 13, 14, 15, 16 & 17 as under:-
The court emphasized a purposive interpretation of statutory provisions to ensure equitable treatment for parties settling disputes privately, allowing for court fee refunds.
The judgment establishes the principle that Section 89 of CPC and Section 16 of Court Fees Act should be interpreted liberally to encourage out-of-court settlements and provide incentives for parties....
Court fees should be refunded even when cases settle out of court, promoting private dispute resolution methods, which supports judicial efficiency.
The court recognized that out-of-court settlements enable parties to claim court fee refunds, treating them equitably with formal dispute resolution methods, thus promoting judicial efficiency.
Parties settling disputes out of court are entitled to court fee refunds, promoting amicable resolutions and ensuring equal treatment under the law.
Court establishes the entitlement for court fee refund under Section 89 of CPC for out-of-court settlements.
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.
The broad purposive construction of Section 89 of the Code of Civil Procedure and Section 69-A of the 1955 Act to cover all methods of out-of-court dispute settlement between parties, entitling the p....
Section 89 of the CPC and Section 69-A of the 1955 Act should be interpreted liberally to cover all methods of out-of-court dispute settlement between parties, and the benefit of Section 69-A shall e....
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