Point of Law:Court Fee - provisions under Section 69A of the Kerala Court Fees and Suit Valuation Act, 1959 regarding refund of court fee in case where the dispute is settled under Section 89 of the Code of Civil Procedure, which is extracted hereinbefore at paragraph 10, are in pari materia with the provisions under Section 69A of the Tamil Nadu Court Fees and Suit Valuation Act, 1955

JUDGMENT :

Anil K.Narendran, J.

1. The appellant is the defendant in O.S.No.111 of 2017 on the file of the Subordinate Judge’s Court, Kozhikode. The respondent-plaintiff filed the said suit for recovery of an amount of Rs.74,20,200/-from the defendant, together with interest at the rate of 12%. By the judgment dated 16.03.2019, the trial court decreed the suit and the defendant was held liable to pay an amount of Rs.83,10,400/-with 12% interest from the date of suit to the date of decree and thereafter, 6% interest till realisation. As per the decree, the plaintiff is entitled to realise the said amount from the assets of the defendants, both movable and immovable. The defendant was held liable to pay cost to the plaintiff. Challenging the judgment and decree of the trial court, the appellant-defendant is before this Court in this appeal.

2. On 05.07.2019, when this appeal came up for admission, this Court admitted the matter on file and issued notice to the respondent-plaintiff. This Court granted an interim order in I.A.No.1 of 2019, staying the execution of the decree, for a period of three months, on the condition that the appellant shall furnish sufficient security for the decree amount and cost, within one month from the date of order.

3. On 04.10.2019, when this appeal came up for consideration, the learned counsel for the appellant submitted that the condition stipulated in the order dated 05.07.2019 had been complied with. Recording the said submission, this Court extended the interim order for a further period of six months.

4. On 18.06.2021, the appellant has filed I.A.No.1 of 2021, an application under Order XXIII, Rule 3 of the Code of Civil Procedure, 1908, to record the settlement arrived at between the parties, as evidenced by Annexure A joint statement dated 29.04.2021.

5. Condition Nos.3 and 4 of Annexure A joint statement dated 29.04.2021 read thus;

“3. As per the settlement arrived at, the entire dispute between the parties is compromised for a sum of Rs.45,00,000/-in full and final settlement. In view of the settlement arrived at between the parties, the defendant today paid a sum of Rs.20,00,000/-as per cheque No. 892480 dated 29.04.2021 drawn on State Bank of India, Naduvattom Beypore Branch in favour of the plaintiff. The plaintiff acknowledged the said cheque from the defendant and he can encash the same today itself.

4. Out of the balance amount of Rs.25,00,000/-, the defendant will pay a sum of Rs.5,00,000/-within 21 days from today. The balance sum of Rs.20,00,000/-will be paid on or before 30.06.2021 without any default from the side of the defendant.”

6. On 28.06.2021, when this appeal came up for consideration, the matter was adjourned to this date for further consideration.

7. Heard the learned counsel for the appellant-defendant and also the learned counsel for the respondent-plaintiff.

8. The learned counsel for the respondent-plaintiff would submit that the appellant-defendant had complied with condition No.4 in Annexure A joint statement dated 29.04.2021 by paying the balance sum of Rs.20,00,000/-to the respondent-plaintiff, on 30.06.2021. The said submission is recorded.

9. The learned counsel for the appellant would point out condition No.6 in Annexure A joint statement dated 29.04.2021, which deals with refund of court fee, which reads thus;

“6. the appellant/defendant can take steps to refund the court fee paid by the appellant before the Hon’ble High Court.”

10. Section 69A of the Kerala Court Fees and Suit Valuation Act, 1959, which deals with refund of court fee in case where the dispute is settled under Section 89 of the Code of Civil Procedure, reads thus;

“69A. Refund of court fee in case where the dispute is settled under Section 89 of the Code of Civil Procedure.-Where a suit, appeal or other proceeding before any court is settled by recourse to Section 89 of the Code of Civil Procedure, 1908 (Central Act 5 of 1908), the whole court fee paid on the plaint/Memorandum of Appeal