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REDDYANDREDDYASSOCIATES 55dafb5d4ec0a407c44969ae Services https://www.reddyandreddylawfirm.com

PARTY CANNOT CLAIM REFUND OF COURT FEE IF DISPU...

  • 2022-06-14T05:53:34

PARTY CANNOT CLAIM REFUND OF COURT FEE IF DISPUTE IS NOT SETTLED AFTER BEING REFERRED TO ARBITRATION: KERALA HIGH COURT The court held that mere reference of a party for settlement under Section 89 of C.P.C, 1908, would not entitle refund of court fee as provided under Section 69A of the Kerala Court Fee and Suits Valuation Act. Section 69A of the Act makes the position without any iota of doubt that refund of court fee is provided only when a court proceeding is settled by recourse to Section 89 of C.P.C and refund is not permissible on the mere reference of parties. Thus it is clear that mere reference of parties by different modes of settlement provided under Section 89 of C.P.C is not sufficient to refund the entire court fee paid as contended, and the statutory mandate is settlement of the dispute by recourse to Section 89 of C.P.C. Our team comprises experienced and resourceful advocates and lawyers who advise and represent our clients in all dispute resolution forums. We have previously represented our clients in arbitral proceedings involving complex commercial disputes on various subject matters including insurance law, consumer law, government construction contracts, contractual breach etc.

PARTY CANNOT CLAIM REFUND OF COURT FEE IF DISPUTE IS NOT SETTLED AFTER BEING REFERRED TO ARBITRATION: KERALA HIGH COURT The court held that mere reference of a party for settlement under Section 89 of C.P.C, 1908, would not entitle refund of court fee as provided under Section 69A of the Kerala Court Fee and Suits Valuation Act. Section 69A of the Act makes the position without any iota of doubt that refund of court fee is provided only when a court proceeding is settled by recourse to Section 89 of C.P.C and refund is not permissible on the mere reference of parties. Thus it is clear that mere reference of parties by different modes of settlement provided under Section 89 of C.P.C is not sufficient to refund the entire court fee paid as contended, and the statutory mandate is settlement of the dispute by recourse to Section 89 of C.P.C. Our team comprises experienced and resourceful advocates and lawyers who advise and represent our clients in all dispute resolution forums. We have previously represented our clients in arbitral proceedings involving complex commercial disputes on various subject matters including insurance law, consumer law, government construction contracts, contractual breach etc.

  • 2022-06-14T05:53:34

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