Back
CHANDRA DHARI SINGH
National Building Construction Corpn. Ltd. – Appellant
Versus
G R G Construction Company – Respondent
ORDER
Chandra Dhari Singh, J. (Oral)
I.A. 2529/2023 (Under Order XXIII Rule 3)
1. The instant application has been filed on behalf of the parties under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 seeking the following reliefs:
"i) Take the present settlement application alongwith the Deed of Compromise/Settlement/MoU dated 6th January 2023 on record and pass a decree in terms of said Deed of Compromise/Settlement/MoU dated 6TH January 2023;
ii) Direct the registry to refund court fee paid on the plaint bearing CS (COMM) No 623 of 2019 in accordance with the provision of the section 16 of the Court Fees Act, 1870;
iii) Pass any further orders as this Hon'ble Court may deem fit and proper in the interest of justice."
2. It has been submitted on behalf of the parties that two separate suits bearing nos. CS(OS) 2418/2011 and CS(COMM) 623/2019 have been instituted on behalf of the plaintiff for recovery of Rs.2,28,36,940/(Rupees Two Crore Twenty Eight Lacs Thirty Six Thousand Nine Hundred and Forty Only) in toto.
3. It has been submitted on behalf of the parties that the matter has been mutually settled between the parties vide Settlement Agreement dated
A lawful compromise between parties in a civil suit leads to case disposal and entitles the appellant to a court fee refund as per applicable law.
Enforcement of settlement agreement and decree in accordance with the compromise
The interpretation of Section 16A of the Court Fees Act, 1870, and its applicability to the refund of court fees in execution petitions.
Court endorsed the enforcement of a compromise agreement, ruling on terms of payment and the non-refundability of court fees under relevant provisions.
The main legal point established in the judgment is that the provisions of Section 89 CPC and Section 16 of the Court Fee Act, 1870 can be applied to allow for the refund of court fees in cases where....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
