Noting that the parties who settle their dispute privately outside the modes contemplated under Section 89 of the Code of Civil Procedure are entitled to refund of fees, the Delhi High Court returned entire fees in a Trademark Suit.
The single-judge Bench of Justice Suresh Kumar Kait while doing so referred to Supreme Court Ruling in case of The High Court of Judicature at Madras Rep. by its Registrar General Vs. M.C. Subramaniam, 2021 Latest Caselaw 83 SC
Learned Counsel also submitted that since the subject matter of the suit stands amicably resolved, therefore, in terms of Section 16 of the Court Fees Act, the entire court fees be refunded to the plaintiff.
He relied upon judgment passed by Supreme Court in the case of The High Court of Judicature at Madras Rep. by its Registrar General Vs. M.C. Subramaniam, 2021 Latest Caselaw 83 SC
Accepting the contention, the Court ruled that private settlements will be entitled to the same benefits as those who have been referred to explore alternate dispute settlement methods under Section 89 CPC.
Read also : "If you can't manage resources, shut Shop": High Court to Municipal Corporation
The Registry was thus directed to issue necessary certificate/ authorization in favour of the plaintiff to seek refund before the appropriate authorities.
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