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Tamil Nadu
Ruling on refunding court fee
Staff Reporter
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Amendment to be applied even to past proceedings
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MADURAI: An amendment made to the Tamil Nadu Court Fees and Suit Valuation Act permitting full refund of court fee when matters are settled in a Lok Adalat would apply to all proceedings of past, present and future, the Madras High Court has ruled.
Allowing a writ appeal filed in its Madurai Bench, the court held that the amendment must be taken to be a declarative provision and applied even to past proceedings, thereby extending the benefit even to those who received only half of the court fee. Arguing the appeal filed by the Madurai branch of Karnataka Bank, its counsel V.J. Kumaravel said that a civil suit filed by it before the Additional District Judge- I here in 2006 was referred to the Lok Adalat and the issue was settled amicably.
Subsequently, the bank filed a writ petition against the observations made by the Lok Adalat to refund only 50 per cent of the court fee.
A single judge of the High Court dismissed the writ as not maintainable and hence the present appeal.
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