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2021 Supreme(SC) 92

MOHAN M. SHANTANAGOUDAR, VINEET SARAN
High Court of Judicature at Madras Rep. by its Registrar General – Appellant
Versus
M. C. Subramaniam – Respondent


Advocates Appeared:
For the Petitioner(s):Mr. Anish R. Shah, Advocate

JUDGMENT :

Mohan M. Shantanagoudar, J.

These special leave petitions arise out of common order and judgment of the High Court of Madras (hereinafter, ‘High Court’) dated 8.01.2020. By the impugned judgment, the High Court allowed Civil Miscellaneous Petitions Nos. 26742 & 26743 of 2019 filed by the Respondent No.1 herein praying for refund of the court fees deposited by him in Appeal Suits Nos. 876/2012 and 566/2013 filed by him before the High Court.

2. The facts leading to these petitions are as follows: Respondent No.1 purchased two vehicles from Respondent No. 2 vide two separate hire purchase agreements (hereinafter, ‘Agreement-I’ and ‘Agreement-II’; collectively, ‘the Agreements’) dated 10.06.1996, under which Respondent No.1 was the principal debtor/hirer, and Respondents Nos. 3 and 4 were the sureties to the Agreements. As per the terms of the Agreements, Respondent No.1 was to pay a sum of Rs.10,08,000/- in stipulated instalments to Respondent No. 2 for each of the two vehicles.

3. It suffices to note for our purposes that Respondent No. 2 brought Original Suits Nos. 66/2003 and 76/2003 against Respondents Nos. 1, 3 and 4 before the Additional District Munsif Court, Coimbatore


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