Mr.M.P.Senthil, learned counsel appearing for the appellant and Mr.PT.S.Narendravasan, learned counsel appearing for the respondent have jointly submitted that the dispute between the parties has been settled out of Court and Mr.M.P.Senthil, learned counsel for the appellant and Mr.PT.S.Narendravasan, learned counsel for the respondent have filed a separate memo to that effect.
2. It appears pursuant to the decree in O.S.No.125 of 2006, on the file of the learned Additional District-cum-Sessions Judge (FTC No.III), Madurai, the respondent herein had deposited a sum of Rs.3,83,000/- (Rupees three lakhs eighty three thousand only), which is now in the credit of O.S.No.125 of 2006 and which it is understood has been deposited in a nationalised bank account. Similarly, the appellant herein has deposited a sum of Rs.60,960.50/- as cost to the credit of the same Original Suit in O.S.No.125 of 2006, in the Principal District Court, Madurai. In the memo, which has been filed by the learned counsel for the appellant, he has sought the return of the sum of Rs.60,960.50/- which has been deposited by way of cost. This request is reasonable. It is also mentioned in the memo that the court fees paid in this appeal to a sum of Rs.45,600/- may be returned back to the appellant and the said memo may be recorded.
3. In view of the amended provision of the Tamil Nadu Court Fees Act, 1955 (Amendment Act), since the matter has been settled out of Court, the said request of refund of the deposited amount is reasonable. Accordingly, the memo of the appellant is recorded and since the learned counsel for the respondent has no objection to refund the cost paid, the appellant is permitted to withdraw the sum of Rs.60,960.50/- which has been deposited to the credit of O.S.No.125 of 2006 in the Principal District Court, Madurai by way of cost and also eligible for refund of Court fees, which has been paid in the present appeal in A.S.(MD)No.317 of 2008.
4. Mr.PT.S.Narendravasan, learned counsel for the respondent has also pointed out in his memo that the sum of Rs.3,83,000/- (Rupees three lakhs eighty three thousand only) to the credit of O.S.No.125 of 2006 which has been deposited by the respondent/defendant may be refunded to the respondent and the appellant has no objection.
5. Since the matter has been settled out of Court, the respondent herein is also permitted to withdraw the sum of Rs.3,83,000/- (Rupees three lakhs eighty three thousand only) which has been deposited to the credit of O.S.No.125 of 2006 in the Principal District Court, Madurai and his memo is also recorded. The Court below at Madurai is directed to return the deposited amounts, after getting due acknowledgment from the parties and their counsels concerned.
6. Accordingly, the appeal is dismissed as settled out of Court. The memos filed by the appellant and respondent shall form a part of this order. No Costs. Consequently, connected miscellaneous petitions are also dismissed.
To
1.The Principal District Court, Madurai.
2.The Additional District-cum-Sessions Judge (FTC No.III), Madurai..