M/S Vsp Enterprises Pvt Ltd v. M/S Jitco Overseas Projects & ANR

$~28 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 1952/2012 & I.A. 12036/2012 M/S VSP ENTERPRISES PVT LTD ..... Plaintiff Through Mr. Ashish Kumar and Mr. Sandeep Phogat, Advs.

versus M/S JITCO OVERSEAS PROJECTS & ANR ..... Defendants Through Mr. Aviral Tiwari, Adv.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 20.09.2017 I.A. 10864/2017 under Order XXIII Rule 1 CPC By this application, the plaintiff seeks to withdraw the suit. It is contended that the disputes between the parties have been settled and the defendant has already paid the agreed amount in full and final settlement of all the claims of the plaintiff. In view of the above, the application is allowed. CS(OS) 1952/2012 The plaintiff seeks leave to withdraw the suit. It is contended that the plaintiff and the defendant have entered into a settlement and the defendant has paid the agreed amount in full and final settlement of all the claims of the plaintiff.

In view of the above, the suit is dismissed as withdrawn. Decree sheet be prepared accordingly.

CS(OS) 1952/2012

Since the matter has been settled prior to the affidavit of plaintiff's witness being tendered in evidence, the plaintiff is entitled to refund of half of the amount of court fees paid on the plaint. Registry is accordingly directed to issue a certificate to the plaintiff authorizing the plaintiff to receive back from the Collector the appropriate amount of court fees in accordance with law. SANJEEV SACHDEVA, J SEPTEMBER 20, 2017 'rs'

CS(OS) 1952/2012