ORDER :

M. Sundar, J.

1. Mr. R. Amizhdhu, learned counsel on record for sole petitioner and Ms. S. Gayathri, learned counsel on record for sole respondent are before me.

2. Both learned counsel submit in unison that the dispute with respect to the arbitration award under challenge in the captioned OP has been settled out of Court between the parties. Learned counsel for petitioner also seeks permission to withdraw captioned OP as settled out of Court.

3. Learned counsel for petitioner has filed a memo dated 02.03.2021 signed by authorized signatory of the petitioner company and the counsel, which is as follows:

4. This takes us to request of the petitioner counsel for refund of full court fee as this is a matter settled out of Court without taking recourse to modes adumbrated under Section 89 of 'The Code of Civil Procedure, 1908' ('CPC' for brevity). In this regard, law laid down by Hon'ble Supreme Court in The High Court of Judicature at Madras v. M.C. Subramaniam and Ors., reported in AIR Online 2021 SC 77) is applicable. Relevant paragraphs in M.C. Subramaniam's case are paragraphs 26 and 27 and the same read as follows:

26. Thus, even though a strict construction of the terms of Se