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Judgment
S. Ravi Kumar, Chairperson
Advocate for Petitioner/Appellant filed a Memo seeking permission to withdraw the Appeal and made a request for refund of Court Fee. When Advocate for Petitioner/Appellant was requested to show the provision under which Petitioner/Appellant is entitled for refund of Court Fee, he referred to Section 21 of Legal Services Authorities Act, 1987, but that provision cannot be applied here. Said provision is applicable to cases settled in Lok Adalat. Either in RDB Act, 1993 or in SARFAESI Act, 2002, there is no provision for refund of Court Fee.
Admittedly, this case is not settled before Lok Atalat, on the other hand, Petitioner/Appellant, on his own, withdrawn the Appeal and filed a Memo stating that matter is settled with Bank and nothing survives to be prosecuted.
For the above reasons, request for withdrawal of Appeal is accepted, but request of refund of Court Fee is refused.
Accordingly, Appeal A.IR:1803/2023 is dismissed as withdrawn. As Petitioner/Appellant has withdrawn the main Appeal, other Applications, if any, are dismissed as infructous.