Naresh Kumar vs Jasmer Singh Harphool Singh, Commission Agents And Others

Raj Mohan Singh, J

Both the parties are ad idem that compromise dated 30.05.2019 has been effected between the parties.

Suit for recovery in the form of counter claim filed by the second party was decreed by the Courts below whereas suit for rendition of account,

permanent injunction and declaration filed by Naresh Kumar was dismissed.

The compromise was effected outside the Court whereas statements of both the parties were recorded by the Court on 30.05.2019 itself.

According to the compromise, Naresh Kumar had already paid an amount of Rs.6,50,000/- to the counter claimants/decree holders towards full and

final settlement of the claim of the decree holder. Cheque in a sum of Rs.6,50,000/-given to the decree holders has already been encashed by the

decree holders.

Nothing survives between the parties and the decree holders have also undertaken to withdraw the execution which is fixed for 26.09.2019 before the

Executing Court.

In view of the compromise, the appellant wishes to withdraw the present appeal as per condition No.7 of the compromise.

In view of aforesaid compromise, this appeal is allowed to be withdrawn.

Dismissed as withdrawn.

Both the parties would abide by the compromise for all intents and purposes.

At this stage, both the parties have prayed that since the compromise has been effected outside the Court, though statement was recorded before the

Executing Court, therefore, in view of Pradeep Sonawat vs Satish Prakash @ Satish Chandra, 2015(1) RCR (Civil) 955 (P&H), A. Sreeramaiah vs

South Indian Bank Ltd., Bangalore and another, 2007(5) RCR (Civil) 374 and Kamalamma vs Honnali Taluk Agricultural Produce Co-operative

Marketing Society Ltd., Honnali, 2010(1) AIR Kar. R 279, the Court fee affixed by both the parties be allowed to be refunded.

In view of Section 16 of the Court Fees Act, 1870 the Court fee can be refunded to the appellant as well as to the respondents where the compromise

had taken place before the Mediation and Conciliation Centre/Lok Adalat. Even the Court fee can be refunded where the compromise has taken

place outside the Court. Reference to the aforesaid case law would suffice to answer the aforesaid issue.

In view of aforesaid legal position, both the parties are allowed refund of their respective Court fee affixed during trial, appeal and present RSA.

Application stands disposed of.