Full Court Fee To Be Refunded If Case Referred To Mediation By Court Ends In Compromise Decree [Read Order]
6 years, 3 months ago

Full Court Fee To Be Refunded If Case Referred To Mediation By Court Ends In Compromise Decree [Read Order]

Live Law  

Providing more clarity around the interpretation of Sections 16 and 16A of the Court Fees Act in cases which have been referred to mediation by the court at pre-evidence stage and a compromise decree is incorporated, the Delhi High Court on Friday held that an interpretation of the statute inuring to the litigant’s benefit should be preferred and if a plaintiff is able to demonstrate that. Providing more clarity around the interpretation of Sections 16 and 16A of the Court Fees Act in cases which have been referred to mediation by the court at pre-evidence stage and a compromise decree is incorporated, the Delhi High Court on Friday held that an interpretation of the statute inuring to the litigant’s benefit should be preferred and if a plaintiff is able to demonstrate that the case falls within the requirements of Section 16 and a settlement has been arrived at, refund of the full amount of the court-fee ought to be granted. Taking note of a division bench’s 2010 judgment in case titled Sayed Mohammed Rafey vs. Mumtaz Ahmad and Ors, the bench of Justice S Ravindra Bhat and Justice Prateek Jalan said if the elements of the provision are not satisfied, then refund in terms thereof cannot be granted and it may then be examined as to whether the conditions laid down in Section 16A have been fulfilled, so as to grant refund of 50% of the court fees paid. The bench, however, made it clear that Section 16 cannot be given a literal interpretation as per which a plaintiff would be entitled to the refund of the court fees on a mere reference to Alternative Dispute Resolution under Section 89 of the Code, regardless of whether the reference ended in a successful settlement or not.

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History of this topic

'Court Fee Refund Only If Case Settled Through ADR Mechanisms' : Supreme Court Rejects Refund Claim For Private Out-of-Court Settlement
1 month, 2 weeks ago

'Court Fee Refund Only If Case Settled Through ADR Mechanisms' : Supreme Court Rejects Refund Claim For Private Out-of-Court Settlement

Live Law  

The Supreme Court held that litigants who resolve their disputes privately outside of court are not entitled to a refund of court fees. The Court said that the refund of the court fees is permissible only “if the matter is referred to Arbitration, Conciliation, judicial settlement, including through Lok Adalat or mediation for settlement and the case is decided in …

Appellate Court Must Refund Court Fees If Matter Is Remanded Back To Original Court: Allahabad High Court
2 months, 3 weeks ago

Appellate Court Must Refund Court Fees If Matter Is Remanded Back To Original Court: Allahabad High Court

Live Law  

Discussing Section 13 of the Court Fees Act, the Allahabad High Court has held that once an appeal is remanded back to the original Court for any reason, the Appellate Court ought to grant a certificate of authorization to the appellant to receive back the full court fees paid along with the memorandum of appeal. Justice Kshitij Shailendra held “Section …

Appellate Court Must Refund Court Fees If Matter Is Remanded Back To Original Court: Allahabad High Court
2 months, 3 weeks ago

Appellate Court Must Refund Court Fees If Matter Is Remanded Back To Original Court: Allahabad High Court

Live Law  

Discussing Section 13 of the Court Fees Act, the Allahabad High Court has held that once an appeal is remanded back to the original Court for any reason, the Appellate Court ought to grant a certificate of authorization to the appellant to receive back the full court fees paid along with the memorandum of appeal. Justice Kshitij Shailendra held “Section …

Full Refund Of Court Fee On Mediation Settlement Not Possible Unlike Lok Adalat Without State Law : Supreme Court
3 months ago

Full Refund Of Court Fee On Mediation Settlement Not Possible Unlike Lok Adalat Without State Law : Supreme Court

Live Law  

The Supreme Court on December 19 held that a dispute amicably settled by mediation under Section 89 of the Code of Civil Procedure should not be confused with the settlement of a dispute through Lok Adalat in terms of the repayment of Court fees where the latter provides 100% refund in the administration of justice. It held: "The inescapable conclusion …

'Hold Preliminary Hearings To Fix Arbitrator's Fee' : Supreme Court Issues Directives To Govern Fees Of Arbitrators
2 years, 6 months ago

'Hold Preliminary Hearings To Fix Arbitrator's Fee' : Supreme Court Issues Directives To Govern Fees Of Arbitrators

Live Law  

In its judgment holding that arbitrators do not have the power to unilaterally fix their fees, the Supreme Court also issued directives governing fees of arbitrators in ad hoc arbitrations.The bench comprising Justices DY Chandrachud, Surya Kant and Sanjiv Khanna observed that the fees of the arbitrators must be fixed at the inception to avoid unnecessary litigation and conflicts between. …

Plaintiff Not Entitled For Refund Of Court Fees If Parties Are Referred For Arbitration: Delhi High Court
2 years, 9 months ago

Plaintiff Not Entitled For Refund Of Court Fees If Parties Are Referred For Arbitration: Delhi High Court

Live Law  

The Delhi High Court has observed that a plaintiff cannot be entitled for refund of court fees in the event of an application under sec. 8 of the Arbitration and Conciliation Act being allowed and the parties being referred for arbitration.Justice Amit Bansal reiterated that a litigant is not entitled to refund of court fees in case of rejection of …

Party Can't Claim Refund Of Court Fee If Dispute Not Settled After Being Referred To Arbitration: Kerala High Court
2 years, 9 months ago

Party Can't Claim Refund Of Court Fee If Dispute Not Settled After Being Referred To Arbitration: Kerala High Court

Live Law  

The Kerala High Court has recently held that mere reference of a party for settlement under Section 89 of the Code of Civil Procedure would not entitle refund of court fee as provided under Section 69A of the Kerala Court Fees and Suits Valuation Act, unless it has been settled between the parties. Thus it is clear that mere reference …

Breaking: Parties Who Privately Agree To Settle Disputes Without Court Intervention U/s 89 CPC Also Entitled To Refund Of Court Fee: Supreme Court
4 years, 1 month ago

Breaking: Parties Who Privately Agree To Settle Disputes Without Court Intervention U/s 89 CPC Also Entitled To Refund Of Court Fee: Supreme Court

Live Law  

The Supreme Court held that the parties who privately agree to settle their dispute outside the modes contemplated under Section 89 of the Code of Civil Procedure are also entitled to refund of Court fees.The participants in private settlements will be entitled to the same benefits as those who have been referred to explore alternate dispute settlement methods under Section …

Consider Amending Provision To Allow 100 Percent Court Fees Refund If Suit Is Settled By ADR:Karnataka HC [Read Judgment]
5 years, 6 months ago

Consider Amending Provision To Allow 100 Percent Court Fees Refund If Suit Is Settled By ADR:Karnataka HC [Read Judgment]

Live Law  

Karnataka High Court has recommended to the State Government to consider amending a section in the State Court Fees Act, providing for 100% refund of court fees in case there is a settlement in a suit by taking recourse to Arbitration, Conciliation and Mediation. Periyaswamy said "In the case of settlement of suits culminating into an Award made by the …

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