IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.02.2010 CORAM THE HONOURABLE MR.JUSTICE S.PALANIVELU A.S.No.172 of 2006 R.Balasubramaniam ... Appellant/ 4th Defendant Vs 1.Sanjivi Finance Corporation Rep. By its Partner A.Shanmugavalli 2.N.Natesan 3.N.N.Santhakumar 4.N.N.Thamilselvan (Respondents 2 & 3 have been set Ex- parte and hence given up in the appeal) ... Respondents/ Plaintiff and Defendants 1 to 3 Prayer : Appeal filed under Section 96 of C.P.C. against the judgment and decree passed in O.S.No.38 of 2004 dated 08.11.2005 on the file of Additional District Court cum Fast Track Court No.1, Erode. For Appellant ... Mr.V.Bharathidasan For 1st Respondent ... Mr.A.Asokan J U D G M E N T The appellant and the first respondent are present before this Court alongwith their respective counsel. They have filed a memo of settlement stating that the suit claimed has been settled out of Court. 2. As agreed in the memo of settlement, the appellant is permitted to withdraw Rs.2,50,000/- deposited by him into the Court, as per the order of this Court dated 27.04.2006 made in C.M.P.No.8870 of 2006. https://hcservices.ecourts.gov.in/hcservices/ 3. Recording the memo of settlement, the Appeal Suit is dismissed as settled out of Court. No costs. Consequently, the connected Miscellaneous Petition is closed. Half of the Court fee may be refunded to the learned counsel for the appellant, as per rules. rgr 04.02.2010 This case is posted today under the caption "For clarification" 2.There is no provision for refund of Court fee in the matter of disposal of appeal suit, which was settled out of Court. Hence delete the line "Half of the Court fee may be refunded to the learned counsel for the appellant, as per rules" from the 3rd paragraph of the order dated 04.02.2010. gpa 03.03.2010 Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. To 1. The Additional District Judge, Fast Track Court No.1, Erode. 2. The Section Officer, V.R. Section, High Court, Madras. 2 ccs to Mr.V. Bharathidasan, Advocate, SR. 7808, 14819. A.S.No.172 of 2006 KSK (CO) kk 25/3 https://hcservices.ecourts.gov.in/hcservices/