M/S Vasudeva Jewellers Pvt Ltd v. Shri Kamlesh Rastogi
$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 749/2015 & CM APPL. 77174/2025, CM APPL. 77185/2025 M/S VASUDEVA JEWELLERS PVT LTD.
.....Appellant Through:
Mr. Divyakant Lahoti, Mr. Kartik Lahoti and Ms. Shubheksha Dwivedi, Advocates Mob: 8130718148 Email: kartik@lahotiadvocates.com versus SHRI KAMLESH RASTOGI .....Respondent Through:
Mr. Dakshita Sharma, Advocate Mob: 9810117465 Email: varunlegal@gmail.com
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA % 08.12.2025
O R D E R
CM APPL. 77174/2025 1.
The present application has been filed on behalf of the appellant under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 ("CPC"), seeking permission to withdraw the present appeal, i.e., RFA 749/2015, in view of the settlement arrived at between the parties vide th Settlement Agreement dated 08 September, 2025.
2.
It is submitted that upon filing of the present appeal, the appellant, in nd November, 2025, had deposited the entire terms of the order dated 02 decretal amount of Rs. 9,03,413/-, vide a Demand Draft bearing No. 515612, with the Registrar General, Delhi High Court, New Delhi. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
3.
It is submitted that this Court confirmed the deposit of decretal amount by the appellant vide 02nd March, 2016.
4.
During the pendency of the present dispute, along with other disputes between the parties, the parties jointly requested for mediation and this th Court vide order dated 27 August, 2025 in CM(M) 521/2019, referred the parties to Delhi High Court Mediation and Conciliation Centre. 5.
Subsequently, with the assistance of learned Mediator, a voluntary th final and binding settlement dated 08 September, 2025, has been duly executed between the parties, which has been placed on record. 6.
It is submitted that during the pendency of the present appeal, the respondent, i.e., Sh. Kamlesh Rastogi has changed his name to "Mr. Kumlesh Kumar Rustogi". Thus, in terms of the Settlement Agreement th dated 08 September, 2025 between the parties, the decretal amount, along with the interest accrued, be released, in the name of "Mr. Kumlesh Kumar Rustogi".
7.
Thus, in view of the settlement between the parties herein, the present application has been filed for withdrawal of the present appeal. 8.
Accordingly, in view of the aforesaid submissions, it is directed that the decretal amount, along with interest accrued thereon, deposited by the appellant, be released in the name of the respondent, i.e., Mr. Kumlesh Kumar Rustogi s/o Sh. R.N. Rustogi.
9.
Further, considering the submissions made before this Court, the appellant is allowed to withdraw the present appeal. 10.
Accordingly, the present appeal, along with the pending applications, is dismissed as withdrawn.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
CM APPL. 77185/2025 11.
The present application has been filed on behalf of the appellant seeking refund of the Court Fees under Section 16 of the Court Fees Act, 1870, read with Section 89 of the CPC.
12.
Considering the fact that the parties have settled their dispute by way of a Settlement Agreement dated 08th September, 2025, entered through the Delhi High Court Mediation and Conciliation Centre, it is directed that full Court Fees be refunded to the appellant.
13.
Certificate in this regard, be issued to the appellant by the Registry, within a period of two weeks, from today.
14.
With the aforesaid directions, the present application is accordingly disposed of.
MINI PUSHKARNA, J DECEMBER 8, 2025 ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.