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2019 Supreme(Mad) 1613

ABDUL QUDDHOSE, HEMALATHA
Polyene General Industries Pvt. Ltd. , Represented by its Managing Director M. Narayan, Guindy – Appellant
Versus
Great Western Industries Limited, Represented by its Director M. Narayanan, Chennai – Respondent


Advocates Appeared:
For the Petitioner:K.K. Muralitharan, Advocate
For the Respondents: V. Lakshmi Narayanan, Amicus Curiae

JUDGMENT :

Abdul Quddhose, J.

The point for consideration in this matter is whether under Section 66 of the Tamil Nadu Court Fees and Suits valuation Act, 1955, refund of Court fees can be granted when a review petition filed under Order XLVII CPC is rejected on the ground of delay in its representation.

2. The review application SR.81895 of 2017 has been filed by the petitioner seeking refund of court fees under Section 66 of the Tamil Nadu Court Fees and Suits Valuation Act, 1955. The petitioner’s appeal O.S.A.No.178 of 2017 was dismissed by the Division Bench of this Court on 31.07.2017. Thereafter, the petitioner filed a review application viz., Rev.Appl. SR81895 of 2017 on 20.10.2017 within the prescribed period to review the judgment and decree dated 31.07.2017 passed in O.S.A.No.178 of 2017. Even though the said review application was filed within the prescribed period, the said review application was returned by the Court Registry on account of certain defects. But the petitioner represented the review petition with a delay of 178 days.

3. CMP.No.10362 of 2018 was filed by the petitioner in review application SR81895 of 2013 to condone the delay of 178 days in representing the

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