Sanjeevkumar Harakchand Kankariya Vs Union of India & Ors. (Supreme Court of India)
Supreme Court held that refund of 100% court fees granted as the amount of court fees involved was not excessive and the dispute was resolved amicably by mediation under section 89 of the Code of Civil Procedure 1908 [CPC].
Facts- Petitioner had entered into an agreement to sell a certain property located at Aurangabad. However, the said Agreement could not be performed and as such, he preferred Special Civil Suit No.274 of 2013 before the Court of the Civil Judge, Senior Division, Aurangabad, praying for a direction of specific performance of the contract. The dispute was referred to mediation under Section 89 CPC and, amicably resolved. The terms of settlement were presented to the Court and the Civil Suit was disposed of in terms of the said compromise. A request for refund of court fees was allowed only to the extent of 50%.
The appellant contended before the High Court that the Civil Court fell in error by allowing refund only to the extent of 50% in view Section 16 of the CFA, 1870. It was further contended that as per Section 21 of the LSA Act,1987 when a matter is referred to Lok Adalat u/s. 20(1) of the said Act and a compromise or settlement is arrived at therein, the Court Fee paid in such a matter shall also be refunded in accordance with CFA, 1870. Still further it was argued that the said Act being a Central legislation, would override the State enactment.
