Arcticle, authored by Mehul Parti & Shivangi Bajpai
The Supreme Court’s recent decision in "Jage Ram" has sparked debate over the refund of court fees when disputes are settled privately. While a prior judgment in "M.C. Subramaniam" supported refunds for both court-referred and private settlements, "Jage Ram" takes a restrictive approach, limiting refunds to settlements under Section 89 CPC.
This ruling raises a critical question: Should litigants who settle privately be denied the same benefits as those who use court-facilitated ADR? With over 6.23 million cases pending in High Courts alone, incentivizing all forms of dispute resolution is crucial. A larger bench of the Supreme Court may need to step in to resolve this doctrinal inconsistency.
Read the full analysis here: https://www.legal500.com/firms/34807-chandhiok-mahajan-advocates-and-solicitors/c-india/news-and-developments/refund-of-court-fees-supreme-courts-ruling-in-jage-ram-a-step-back-for-out-of-court-private-settlements
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