Transaction fee refund in case of cancelled tender

The transaction fee in a canceled tender is refundable if the tender notification is canceled on the day of the opening.

A summary procedure under Order 37 of the Code of Civil Procedure (CPC), 1908 is available for the recovery of money. A suit may be instituted in the court of appropriate jurisdiction for the same.
 

The Procedure of Filing a Summary Suit

1. Filing a summary suit: To file a summary suit, a person shall present a plaint in the court. The plaint shall clearly mention that the suit is filed under summary procedure. It must also state that no relief that does not fall within the scope of this rule is claimed.

2. Summons: The summons of the suit is to be issued to the defendant in the prescribed Form No. 4.

3. Appearance: The defendant is supposed to enter an appearance within 10 days of receiving the summons. If an appearance is entered by the defendant, the plaintiff shall serve on them a summons for judgment. Within 10 days of receiving such summons, the defendant is supposed to apply for permission or leave to defend the suit.

4. Leave to defend: The court may grant the defendant the leave to defend with or without any conditions. If the defendant has not filed for leave to defend, or if their application is rejected, the plaintiff is entitled to the judgment. If the defendant does not comply with the conditions imposed by the court, then too, the plaintiff becomes entitled to the judgment.