Vinod Aggarwal v. Anita Aggarwal & ORS.

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 337/2022 VINOD AGGARWAL .....Plaintiff Through:

Mr. Shivam Goel, Ms. Ramya S.

Goel, Ms. Sanya Sharma, Mr. Jatin Dua, Advs. along with Plaintiff in person.

versus ANITA AGGARWAL & ORS ......Defendants Through:

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 24.03.2026 I.A. 7700/2026 & I.A. 7701/2026 1.

I.A. 7700/2026 has been filed by the Plaintiff under Order XXIII Rule 3 of CPC for passing a consent decree in terms of the Settlement Agreement dated 11.03.2026.

2.

I.A. 7701/2026 has been filed by the Plaintiff under Section 16 of the Court Fees Act, 1870, read with Section 151 of CPC for refund of Court Fees.

3.

When this Court put a pointed question to the learned Counsel for the Plaintiff as to whether I.A. 7700/2026 would be maintainable or not in view of the fact that it has not been signed by all the Parties, the learned Counsel for the Plaintiff states that he may be permitted to withdraw the present Suit in terms of Order XXIII Rule 1(4) of CPC. in view of the settlement arrived at between the Parties.

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 25/03/2026 at 12:50:03

4.

This Court is of the view that the request of the learned Counsel for the Plaintiff is a reasonable one.

5.

Accordingly, the Suit is disposed of as withdrawn in terms of Order XXIII Rule 1(4) of CPC and the statement made by the learned Counsel for the Plaintiff that a settlement has been arrived at between the Parties. 6.

In view of the fact that the Parties have entered into a settlement and in view of the Judgment passed by the Division Bench of this Court in Nutan Batra v. Buniyaad Associates, 2018 SCC OnLine Del 12916, and the Notification dated 06.03.2026 issued by Department of Law, Justice and Legislative Affairs, GNCTD, this Court is inclined to direct the refund of the entire Court Fees.

7.

Let the Court Fee be refunded in accordance with Section 16 of the Court Fees Act, 1870.

8.

The Applications are disposed of in the aforesaid terms. 9.

The next date of hearing i.e., 05.08.2026, stands cancelled. SUBRAMONIUM PRASAD, J MARCH 24, 2026 S. Zakir 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 25/03/2026 at 12:50:03