Nakoda Marbles vs M/S J.P. Minerals on 12 September, 2008

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