The applicant sought a direction to the Registry to issue a cheque for the refund of court fees to the applicant's counsel due to an out-of-court settlement. The court dismissed the application because the affidavit was sworn prior to the judgment dismissing the suit.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
MONDAY, THE 27TH DAY OF JANUARY 2020
THE HON'BLE DR.JUSTICE G.JAYACHANDRAN
A.No.316 of 2020
IN C.S.No.197 of 2019
M/s.Changshu Wealthy Science and Technology Co. Ltd., 8,Jiyu Road, Jiangsu Changshu Advanced Material Industrial Park
Changshu City, Jiangsu Province China
Represented by its Sales Director Mr.Bai Jishuai ..Applicant/Plaintiff /Vs./
M/s.Oren Hydrocarbons Private Limited, 28/2B, Saravana Street,
T.Nagar, Chennai-600 017 Tamil Nadu
Represented by its Managing Director Mr.Rizwan Ahmad ..Respondent/Defendant
Application praying that this Hon'ble Court be pleased to direct the Registry of Hon'ble High Court at Madras to issue the cheque for the refund of court fees in C.S.(Comm. Div.) No.197 of 2019, to and in favour of Applicant/ Plaintiff's counsel Mr.A.V.B.Krishnakanth.
This Application coming on this day before this Court for hearing, the Court made the following order:
The suit was filed for recovery of money with interest. Pending suit, the parties have settled their dispute out of Court. The same was reported through memo. Recording the settlement, the Court has dismissed the suit on 10.01.2020. The suit has been settled out of Court with the direction to the Registry to refund the Court fee as https://hcservices.ecourts.gov.in/hcservices/ per law.
2
Sd./-G.J.J 27.01.2020 //Certified to be true copy// Dated at Madras this the day of 2020. JJ 04/02/2020 COURT OFFICER(O.S.)
From 25th day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
2 issues framed by the court
Whether the Registry should refund court fees directly to the plaintiff's counsel instead of the plaintiff.
Whether the plaint filed considers cheque for court fee refund in case of out court settlement
M/s. Changshu Wealthy Science and Technology Co. Ltd.
M/s. Oren Hydrocarbons Private Limited
Dr. Justice G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
