Rahul Chawla v. Ritika Chawla

$~46 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 286/2024 RAHUL CHAWLA ..... Plaintiff Through:

Ms.

Muskan Gupta, via videoconferencing.

versus RITIKA CHAWLA ..... Defendant Through:

None.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 20.05.2024 I.A. 29861/2024 By way of present application filed under Order XXIII Rule 1 read with Section 151 of the Code of Civil Procedure 1908, the plaintiff seeks leave to withdraw the present suit. In addition, the plaintiff seeks refund of the entire court-fee. 2.

In view of the observations of the Supreme Court in High Court of Judicature at Madras vs. M.C. Subramaniam & Ors.,1 followed by this court in Western Infrabuild Products LLP vs. Western Steel India & Anr.,2 this court is persuaded to accept the plaintiff's prayer; and it is accordingly directed that the entire amount of the court-fee paid shall be refunded to the plaintiff.

1 (2021) 3 SCC 560 2 2022 SCC OnLine Del 26 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/05/2024 at 14:46:20

3.

The Registry is directed to draw-up the requisite certificate for refund of the entire court-fee, within 05 weeks from today. 4.

The application is disposed-of in the above terms. CS(OS) 286/2024 5.

In view of the averments contained in I.A. No. 29861/2024, the suit is disposed-of as withdrawn.

6.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J MAY 20, 2024 mk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/05/2024 at 14:46:20