1 2026:CGHC:17372 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 359 of 2026 Giriraj Solvant Ex Private Limited (Ganpati Solvent Ex Private Limited) Through Its Director - Manoj Daga, Aged About 51 Years S/o Late Kedarnath, R/o Lakholi Road, Rajnandgaon, Tehsil And District Rajnandgaon Chhattisgarh Office - Village And Post Tumdibod, Police Chowki - Tumdibod, Tehsil - Dongargaon, District Rajnandgaon Chhattisgarh ... Applicant versus Premchand Mulchand Agrawal Aged About 47 Years Through Proprietor Vinod Kumar, Aged About 47 Years, S/o Premchand Agrawal R/o Mohara Road, Nandai, Tehsil And District, Rajnandgaon Chhattisgarh ... Respondent(s) (Cause title taken from CIS) For applicant Shri Aditya Bharadwaj, Advocate For Respondent Shri R.K. Agrawal, Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2026.04.16 18:33:25 +0530 2 16.04.2026 1. This MCC has been filed under Section 89 of CPC r/w Section 16 of Court Fee Act for refund/ return of court fee paid in the First Appeal. 2. Learned counsel for the applicant submits that the applicant had preferred First Appeal bearing FA No. 26/2025 (Giriraj Solvent v. Premchand Mulchand Agrawal) against the judgment and decree dated 24.07.2024 passed by the learned 3rd District Judge, Rajnandgaon, by affixing court fee of Rs.69134/-. During the pendency of the appeal, the matter was referred to the Mediation Centre, where the dispute was amicably settled between the parties and a settlement agreement was executed. In terms thereof, the appeal was disposed of by this Court vide order dated 16.02.2026 on the basis of the mediation report dated 09.02.2026. He further submits that in view of such settlement, the court fee paid by the applicant has become refundable/returnable as per law, and this Court is empowered under Section 16 of the Court Fees Act, 1870 to grant the said relief. 3. On perusal of the record and the mediation report, it is 3 evident that the appeal was amicably settled between the parties through the Mediation Centre, and the matter has been disposed of on the basis of such settlement. In such circumstances, the law recognizes that where a matter is referred to a mode of settlement under Section 89 of the CPC, and is subsequently settled, the court fee paid by the party becomes refundable. The Court is thus, empowered to direct the return of the court fee to the applicant. 4. In view of the above, the instant MCC is allowed. The applicant is entitled to refund of the Court fee. Registry is directed take appropriate steps in this regard. Sd/- (BIBHU DATTA GURU) JUDGE shoaib