J JAYALAKSHMI Vs. M/S VASAVI TRANSPORT KULITHALAI

JUDGEMENT

(1.) THE Court made the following ORDER: THE appeal is posted to-day for admission. Before the matter was heard, learned counsel for the appellant withdraws the appeal and hence it is dis-missed as withdrawn.

(2.) COUNSEL for the appellant prays for a direction for refund of court-fee paid on the memorandum of appeal. Even before the appeal was taken up for admission, the appeal is withdrawn. We find that a sum of Rs.19,372.50 has been paid as court-fee. It is a very heavy amount and in view of the withdrawal of the appeal, it would be in the interests of justice to grant a refund. But, there is no provision in the Tamil Nadu Court-fees and Suits Valuation Act to enable the court to give a direction for refund of court-fee. However, we direct the appellant to? make an application to the Government ex gratia and misericordia domini regis (?by favour? ?and? by the mercy of our Lord the King??). For this purpose, certificate will be granted to the appellants by the Registry that the appeal memorandum was stamped with a court fee of Rs.19,372.50 and that the court-fee stamps had been defaced by the High Court Office in the usual course of routine. There can be no objection to the grant of such a certificate as there is a precedence in Rachakonda Nagaratham IN RE. (1950)1 MLJ. 222. The Government will pass such orders as they like, after perusing the certificate, as it is wholly ex gratia and misericordia domini regis. The registry is directed to return the stamp papers attached to the memorandum of appeal, so that the appellant may present them along with his application to the Government for refund of court-fee. The memorandum of appeal shall be retained by the Registry.