Paremvir Malik v. Rambir Malik & ORS

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1637/2015 & IA No. 11715/2015 (u/O 39 R 1 & 2 CPC) PAREMVIR MALIK ..... Plaintiff Through Mr. Sudhanshu Batra, Senior Advocate along with Mr. Ankur Aggarwal, Mr. Abhishek Goya l and Mr. Nitin Shrma, Advocates versus RAMBIR MALIK & ORS ..... Defendants Through None + CS(OS) 1638/2015 & IA No. 11717/2015 (u/O 39 R 1 & 2 CPC) PAREMVIR MALIK ..... Plaintiff Through Mr. Sudhanshu Batra, Senior Advocate along with Mr. Ankur Aggarwal, Mr. Abhishek Goya l and Mr. Nitin Shrma, Advocates versus RAMBIR MALIK & ORS ..... Defendants Through None

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI

O R D E R

% 13.10.2015 1.

Mr. Batra, learned Senior Advocate appearing for the plaintiff states on instructions from his briefing counsel that the plaintiff may be permitted to withdraw the present suits while reserving their right to file a fresh suit for the same relief, as may be permissible in accordance with law.

CS(OS) 1637-1638/2015 Page 1 of 2

2.

Leave, as prayed for, is granted. The suits are dismissed as withdrawn along with the pending applications. 3.

At this stage, learned Senior Advocate appearing for the plaintiff requests that the Registry may be directed to issue a certificate for refund of the court fees to enable the plaintiffs to institute fresh suits based on the same cause of action.

4.

Having regard to the fact that the suits are at the stage of admission and summons have yet to be issued, in the interest of justice, the Registry is directed to issue a certificate in favour of the plaintiff for refund of the court fees in both the suits, as per law. HIMA KOHLI, J OCTOBER 13, 2015 rs CS(OS) 1637-1638/2015 Page 2 of 2