S.B. CIVIL FIRST APPEAL NO. 389/2005 Nakoda Marbles Vs. M/s J.P.Minerals Date of Order :: 12th September 2008. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr.Rishi Vaishnav for the appellant. Mr.Durga Ram for the respondent ..... Learned counsel for the parties submit ad idem that the parties have settled their dispute and nothing further survives for consideration in this appeal that is rendered infructuous. However, learned counsel for the appellant at this stage submits that the appellant is not proceeding with the appeal further but substantial amount of court fees having been paid in the case, the same may be ordered to be refunded. Though this appeal was admitted on 23.08.2005 but stay application was rejected and thereafter the matter remained pending for long for preparation of paper book. The parties are said to have settled out the matter before the appeal was ripe for hearing. Looking to the amount of court fees paid in the appeal in the sum of Rs.27,630/- and the overall circumstances of the case, it appears appropriate and in the interest of justice that 50% of the court fees paid in this appeal may be refunded to the appellant. Accordingly, the appeal is dismissed as infructuous. 50% of the amount of court fees paid in this appeal may be refunded to the appellant. No costs. (DINESH MAHESHWARI), J. MK