Silvermaple Healthcare Services Private Limited v. Desai Hospitals Ventures Llp & ORS.
$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1076/2025 & I.A. 24994/2025 SILVERMAPLE HEALTHCARE SERVICES PRIVATE LIMITED .....Plaintiff Through:
Ms. Ritu Gupta, Mr. Vaibhav and Ms.
Kavya Singh, Advocates alongwith Mr.
Praveen Dutt Agarwal, AR.
versus DESAI HOSPITALS VENTURES LLP & ORS. .....Defendants Through:
Ms. Samapika Biswal and Ms. Soumya Sannidhanam, Advocates for D-1 to 3.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
O R D E R
% 12.02.2026 I.A. 4051/2026 (under Order XXIII Rule 1 r/w Section 151 CPC) 1.
This is an application under Order XXIII Rule 1 read with Section 151 of the Code of Civil Procedure, 1908, and Section 16A(i) of the Court Fees Act, 1870 filed on behalf of the plaintiff seeking withdrawal of the present Suit in terms of the Settlement Agreement dated 18.12.2025 with a request for refund of Court Fees.
2.
Learned counsel for the parties submit that parties have been able to settle the disputes amicably and recorded the terms of Settlement into writing vide the Settlement Agreement dated 18.12.2025, which has been appended to the application.
3.
The said Settlement Agreement dated 18.12.2025 is taken on record. 4.
The parties are bound by the terms of the Settlement. 5.
The parties also submit that the compliances enumerated in the terms of the Settlement Agreement have already been complied with and nothing remains.
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 17/02/2026 at 12:22:34
6.
Learned counsel for the plaintiff submits that on said basis, the plaintiff may be permitted to withdraw the present Suit under Order XXIII Rule 1 read with Section 151 of Code of Civil Procedure, 1908. 7.
Since, the parties have been able to settle the disputes out of the Court, the Court Fees in terms of Section 16A(i) of the Court Fees Act, 1870, may be refunded to the plaintiff upon completion of the formalities in terms of the rules.
8.
In view of the above, having regard to the facts of the case the Suit alongwith pending applications is disposed of as withdrawn under Order XXIII Rule 1 read with Section 151 of the Code of Civil Procedure 1908. 9.
The next date of hearing before the Joint Registrar (Judicial) i.e. 07.04.2026, stands cancelled.
TUSHAR RAO GEDELA, J FEBRUARY 12, 2026 Sumit 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 17/02/2026 at 12:22:34