NDLI: The High Court of Judicature At Madras Rep. By Its Registrar General Vs. M.c. Subramaniam and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Code of Civil Procedure 1908: s.89
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Special Leave Petition
Court	Supreme Court of India
Disposal Nature	Petition Dismissed
Headnote	Code of Civil Procedure, 1908: s.89 – Tamil Nadu Court Fees and Suit Valuation Act, 1955 – s.69-A – Parties entering into a private out of court settlement for resolving the controversy between them outside the modes contemplated under s.89 and seeking permission to withdraw suit and also refund of court fees – Refund of court fees – Permissibility of – Held: The purpose of s.69-A is to reward parties who have chosen to withdraw their litigations in favour of more conciliatory dispute settlement mechanisms, thus saving the time and resources of the Court, by enabling them to claim refund of the court fees deposited by them – Such refund of court fee, though it may not be connected to the substance of the dispute between the parties, is certainly an ancillary economic incentive for pushing them towards exploring alternative methods of dispute settlement – Object of s.89 is to facilitate private settlements, and enable lightening of the overcrowded docket of the Indian judiciary – s.69-A of the Act, 1955 and s.89 CPC should be interpreted liberally in a manner that would serve their object and purpose – Construing them narrowly would lead to situation wherein parties who settle the dispute through mediation centre or other centres of alternative judicial settlement under s.89 would be entitled to claim refund of their court fees whilst parties who settle the disputes privately by themselves will be left without any means to seek the refund – Differential treatment between two similarly situated persons would constitute a violation of Art.14 of the Constitution – Thus, s.89 of CPC shall cover, and the benefit of s.69-A of the 1955 Act shall also extend to, all methods of out-of- court dispute settlement between parties that the Court subsequently finds to have been legally arrived at – This would, thus, cover the present controversy, wherein a private settlement was arrived at, and a memo to withdraw the appeal was filed before the High Court. Interpretation of statutes: Purposive interpretation – It is well- settled that the Courts may, in order to avoid any difficulty or injustice resulting from inadvertent ambiguity in the language of a statute, mould the interpretation of the same so as to achieve the true purpose of the enactment – This may include expanding the scope of the relevant provisions to cover situations which are not strictly encapsulated in the language used therein.
Judge	Hon'ble Mr. Justice Mohan M. Shantanagoudar
Neutral Citation	2021 INSC 98
Petitioner	The High Court Of Judicature At Madras Rep. By Its Registrar General
Respondent	M.c. Subramaniam And Ors.
SCR	[2021] 1 S.C.R. 552
Judgement Date	2021-02-17
Case Number	3063

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