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High Court of DelhiCS(OS)/746/2023

Rajendra Singhi Huf & ANR. v. Satish Lohia

2024-10-16Hon'Ble Ms. Justice Manmeet Pritam Singh Arora2 pages

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 746/2023 RAJENDRA SINGHI HUF & ANR.

.....Plaintiffs Through:

Mr. Manoj Kumar Garg and Mr.

Sachin Kaushik, Advocates (Through VC) versus SATISH LOHIA .....Defendant Through:

None

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 16.10.2024 I.A. 42418/2024 (under Section 151 of CPC, 1908 for seeking withdrawal of on account of out of Court settlement) 1.

This is an application under Section 151 of the Code of Civil Procedure, 1908 filed by the plaintiff, thereby, seeking leave to withdraw the present suit.

2.

It is stated that the plaintiff has arrived at an out of Court settlement with the defendant on 15.09.2024 and therefore, the issues raised in the suit have been resolved between the parties to the satisfaction of the plaintiff. 3.

Learned counsel for the plaintiff states that since the suit has been settled and is being withdrawn, the plaintiff prays for refund of the Court fee filed at the time of the filing of the suit. He states that the plaintiff will be satisfied if the refund of 50% of the Court fee is awarded in favour of the plaintiff.

CS(OS) 746/2023 Page 1 of 2 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 02/07/2025 at 22:17:12

4.

In view of the averments made in the application, which are confirmed by the learned counsel for the plaintiff, the application is allowed and the suit is dismissed as withdrawn without reserving any liberty to the plaintiff herein.

5.

Keeping in view that the parties have settled their disputes privately out of Court, prior to framing of issues and in accordance with Section 16(A) of the Court Fees Act, 1870, the Registry is directed to refund 50% of the Court fee to the plaintiff within four (4) weeks in accordance with the Rules.

6.

Pending applications are disposed of.

7.

All future dates are cancelled.

MANMEET PRITAM SINGH ARORA, J OCTOBER 16, 2024/rhc/MG CS(OS) 746/2023 Page 2 of 2 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 02/07/2025 at 22:17:12