TMI Blog2023 (5) TMI 18X X X X Extracts X X X X X X X X Extracts X X X X ..... ollective statutory settlement process that would ensue against the defendants. Since the same would also relate to a settlement of claims, it would appear to fall within the scope of Section 16. The prayer as made in the present application is allowed. The Registry to take appropriate steps for refund of the court fee which stands deposited accordingly. - CS(COMM) 469/2019 - - - Dated:- 17-4-2023 - MR. YASHWANT VARMA, J. For the Assessee : Mr. Mahip Singh, Mr. Samir Malik, Mr. Krishan Kumar, Advs. For the Respondent : None ORDER This matter has been taken up today as 14 April 2023 was declared a holiday. 2. The present application has been moved for the refund of the court fee which had been filed in connection ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sputes towards alternative dispute resolution processes, and encourage their settlement outside of court (Para 2.3). These observations make the object and purpose of Section 89 crystal clear to facilitate private settlements, and enable lightening of the overcrowded docket of the Indian judiciary. This purpose, being sacrosanct and imperative for the effecting of timely justice in Indian courts, also informs Section 69-A of the 1955 Act, which further encourages settlements by providing for refund of court fee. This overarching and beneficent object and purpose of the two provisions must, therefore, inform this Court's interpretation thereof. 18 . It is pertinent to note that the view taken by the High Court in the impugned judgm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ves without invoking Section 89 CPC, the party paying court fees in respect thereof should be entitled to the refund of full court fees as provided under Section 16 of the Court Fees Act, 1870. 19 . Section 16 of the Court Fees Act, 1870 is in pari materia with Section 69-A of the 1955 Act, and hence the above stated principles are equally applicable to the present case. 26 . Thus, in our view, the High Court was correct in holding that Section 89 CPC and Section 69-A of the 1955 Act be interpreted liberally. In view of this broad purposive construction, we affirm the High Court's conclusion, and hold that Section 89 CPC shall cover, and the benefit of Section 69-A of the 1955 Act shall also extend to all methods of out-of-cou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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