1. The Learned counsel for the Appellant/Defendant on 27.09.2010 has made the following endorsement: "This Appeal has been settled between the parties. The Appellant has paid the amount as per the Compromise and the matter is settled between the Appellant and the Respondent Bank. Hence, the matter is settled out of Court, between the parties, and the Court fees may be refunded to the Appellant. This Appeal may dismissed as settled out of Court.

2. In view of the said endorsement made to the effect that the Appeal has been settled between the parties and that the Appellant has paid the amount as per compromise and the matter is settled between the parties, this Court dismisses the Appeal as settled out of Court.

3. At this juncture, the Learned counsel for the Appellant/Defendant cites the decision of this Court S.JAYALAKSHMI AND 5 OTHERS V. M/S.VASAVI TRANSPORT, KULITHALAI REP. BY ITS MANAGING DIRECTOR R.JAGAN MOHAN AND ANOTHER, 1994 (2) L.W.110 (DB), wherein it is laid down as follows: "as "the court fee paid is a very heavy amount and in view of the withdrawal of the appeal, it would be in the interests of justice to grant a refund. But, there is no provision in the Tam