ORDER :

Yashwant Varma, J.

I.A. 4886/2023 (Withdrawal of Suit & refund Court Fee)

1. This matter has been taken up today as 14 April 2023 was declared a holiday.

2. The present application has been moved for the refund of the court fee which had been filed in connection with the instant suit. Undisputedly, the present was a summary suit brought against the defendant. However, it could not be proceeded with further in light of the proceedings which have come to be initiated against the defendants under Section 95 of the Insolvency and Bankruptcy Code, 2016 [IBC]. According to learned counsel, while the aforesaid developments may not strictly fall within the ambit of a settlement which is alluded to in Section 16 of Court-Fees Act, 1870 since the plaintiff would now have the solitary remedy of participating in proceedings to be instituted under the IBC and take part in a collective settlement of claims, the Court may consider extending the benefits thereof in the peculiar facts of the present case.

3. Learned counsel has further placed reliance on the judgment rendered by the Supreme Court in the High Court of Madras v. M.C. Subramaniam, [(2021) 3 SCC 560] where while referring to the sco