SHREE DHANWANTARI CHITS INDIA PRIVATE LIMITED Vs. BABU

JUDGEMENT

(1.) The question raised in this Original Petition pertains to the refund of the court fee collected towards the legal benefit fund. The plaintiff in the suit, O.S No.1312/2020, of the Principal Munsiff's Court, Thrissur, is the petitioner herein. He is aggrieved by Ext.P3 order, which declined the petitioner's application for refund of Legal Benefit Fund, the claim for which was made on account of the settlement arrived at between the parties in mediation. Since the issue involved is refund of legal benefit fund, State of Kerala represented by the Law Secretary was suo moto impleaded as additional 4th respondent. Notice to party respondents were dispensed with.

(2.) Heard the learned counsel for the petitioner and the learned Government Pleader.

(3.) Learned counsel for the petitioner submits that the matter was referred to mediation and it was settled successfully, wherefore, by virtue of Sec. 69A of the Kerala Court fees and Suits Valuation Act, 1959 (for short, 'the Act'), the petitioner is entitled to refund of the whole of the court fee paid. It was pointed out that the court fee has been refunded; however, the amount paid towards the legal benefit fund has not been refunded, for the reason that the said amount is not a court fee, that it is levied as an additional court fee only as a mode of collecting the fund and that refund will defeat the purpose for which legal benefit fund is constituted. Learned counsel also placed reliance upon Sec. 76 of the Act, to point out that the Legal Benefit Fund is also an 'additional court fee' and hence, governed by Sec. 69A of the Act.