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AMIT BANSAL
Britannia Industries Limited – Appellant
Versus
Oriental Insurance Company Limited – Respondent
ORDER :
IA No.6467/2022(u/O.VII R.10 r/w O. VII R. 10A of CPC) in CS(COMM) 618/2021 and IA No.6504/2022(u/O.VII R.10 r/w O.VII R. 10A of CPC) in CS(COMM) 619/2021
1. The present suits are Commercial Suits that have been filed seeking recovery of amounts along with the interest.
2. Upon summons being issued to the defendant, the defendant filed the written statement on 29th March, 2022, wherein the preliminary objection was taken with regard to territorial jurisdiction of this Court.
3. In view of the aforesaid objection, the plaintiffs seek the return of the plaints in the present suits, with liberty to present the same before the Court of competent jurisdiction. Further, a refund of Court fees has been sought. As regards the refund of the Court fees, reliance has been placed on the judgment of this Court in Chief Controlling Revenue Authority & Anr. Vs. Fertilizer Corporation of India Ltd. & Ors., 1966 SCC OnLine Del 1, to submit that when a party seeks return of a plaint in order to file it before a Court of competent jurisdiction, the party cannot be compelled to pay Court fees twice over. Relevant observations made by this Court in the aforesaid judgment are reproduced below:-
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 court emphasized the importance of not penalizing a litigant monetarily for a counsel's mistake and adopted a liberal attitude in interpreting the Court Fees Act to lessen the burden on the litig....
Court fees submitted are not refundable if used but can be returned for re-filing in the appropriate court.
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 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....
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