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2005 Supreme(Mad) 1518

P.K.MISRA, N.KANNADASAN
Parvathi & Another – Appellant
Versus
Punjab National Bank, rep by its Branch Manager, K. K. Nagar Branch, Chennai & Others – Respondent


Advocates Appeared:For the Petitioner:M. Ravindran, Senior Counsel for M/s. G.M. Mani Associates, Advocates. For the Respondents:R1, S. Venkateswaran, Advocate, N.R. Chandran, Advocate General.

Judgment :-

(Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order of refund the Court fees paid in the O.S.A.No.179/04 preferred under clause 15 of the letters patent against the order of the Honourable Mr. Justice AR. Ramalingam dated 9.12.03 and made in the exercise of the Ordinary Original Civil Jurisdiction of the High Court in C.S.No.1234/94.)

P.K. Misra, J.

The question in the present application relates to refund of court-fees in the appeal, which was amicably settled between the parties before the Lok Adalat.

2. O.S.A.NO.179 of 2004 was referred to Lok Adalat on 7.12.2004. After the disposal of the appeal in the above manner, the appellant filed CMP.No.21215 of 2004 for refund of the court fees of Rs.15,300/-paid on the memorandum of the grounds of the Original Side Appeal. When the matter came earlier, by order dated 17.1.2005, the court passed an order:

This matter may be listed before Lok Adalat for passing necessary orders regarding refund of Court-fee.

On 27.1.2005, the Lok Adaklat observed:

Since the matter has already been settled before the Adalat, they are entitled to refund of c












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