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2026 Supreme(Online)(Mad) 34686

IN THE HIGH COURT OF JUDICATURE AT MADRAS
SENTHILKUMAR RAMAMOORTHY, J
Chennai enviro solutions private limited – Appellant
Versus
The Kinetic green energy and power solutions – Respondent



Advocates:
For the Plaintiff: Ms.S.Balajanaki
For the Defendants: Mr.Thriyambak J Kannan

Referral to arbitration disposes suit with court fee refund under Section 89 CPC and Tamil Nadu Court Fees Act.

Headnote:First Paragraph: The suit was filed under Order VII Rule 1 CPC read with Order IV Rule 1 OS Rules seeking mandatory injunctions for replacement of defective batteries, recall of unregistered vehicles with refund, FAME incentive credits, reimbursement of repair costs, and litigation expenses. Court referred parties to arbitration per arbitration clause in purchase order general conditions. Findings: Suit disposed of with reference to arbitration; court fee refund directed under Section 69A Tamil Nadu Court Fees Act. Second Paragraph: Issues framed in plaint prayers for specific performance and damages. Ratio: Arbitration as dispute settlement mode under Section 89 CPC entitles court fee refund. Third Paragraph: Suit disposed of; parties referred to arbitration; no costs; full court fee refunded to plaintiff.

Table of Content
1. suit disposed by arbitration reference. (Para 2)
2. court fee refund under section 89 cpc. (Para 3)

JUDGMENT

By separate order dated 20.04.2026 in A.Nos.4059 and 4060 of 2025, the parties were referred to arbitration in terms of the arbitration clause contained in the general conditions of purchase annexed to the purchase order No.500005509 dated 23.03.2021.

2. The suit stands disposed of in view of the referring of the dispute to arbitration. There shall be no order as to costs.

3. Because arbitration is one of the modes of settlement of dispute referred to in Section 89 of the Code of Civil Procedure, 1908, the plaintiff is entitled to refund of court fee in terms of Section 69A of the Tamil Nadu Court Fees and Suits Valuation Act, 1955. Therefore, the Registry is directed to refund the full court fee to the plaintiff.

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