Dainty Realcon Pvt Ltd v. Naresh

$~25 and 26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1253/2013 DAINTY REALCON PVT LTD ..... Plaintiff Through: Mr Gagan Gupta and Mr Saurabh Gupta, Advs.

versus NARESH ..... Defendant Through: None.

+ CS(OS) 1254/2013 SPARKLE REALCON PVT LTD ..... Plaintiff Through: Mr Gagan Gupta and Mr Saurabh Gupta, Advs.

versus NARESH ..... Defendant Through: None.

CORAM:

HON'BLE MS. JUSTICE DEEPA SHARMA

O R D E R

% 10.02.2017 I.A. 1703/2017 (O 23 R 1) in CS(OS) 1253/2013 and I.A. 1712/2017 (O 23 R 1) in CS(OS) 1254/2013 Learned counsel for the plaintiff has submitted that the matter stands settled between the parties and in view of this settlement, the plaintiff be permitted to withdraw the above-mentioned suits. In view of the submission, the suits stand dismissed as

withdrawn.

I.A.1704/2017 (FOR REFUND OF COURT FEE) in CS(OS) 1253/2013 and I.A. 1713/2017 (FOR REFUND OF COURT FEE) in CS(OS) 1254/2013 Learned counsel for the plaintiff has submitted that parties had arrived at a settlement even before the evidence in the matter was recorded and has claimed refund of Court fee. From the perusal of the record, it is apparent that parties had settled their disputes before their evidence could start. A certificate of refund of court fee in terms of Section 16A of the Court Fee Act read with Section 89 of CPC be issued in favour of the plaintiff. The date fixed in the suits, i.e., 22.02.2017 stands cancelled. DEEPA SHARMA, J FEBRUARY 10, 2017 bg