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High Court of DelhiCS(OS)/525/2018

Prithvi Pal Singh & ANR. v. Mrs. Kailash Malhotra & ANR.

2020-02-12Hon'Ble Mr. Justice Rajiv Sahai Endlaw2 pages

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 525/2018, IA No.14351/2018(u/O.XXXIX R-1&2 CPC) PRITHVI PAL SINGH & ANR.

..... Plaintiffs Through:

Ms. Vasundhra Bhardwaj, Adv.

versus MRS. KAILASH MALHOTRA & ANR.

..... Defendants Through:

Mr. Rajnish Ranjan with Mr. Shashwat V.

Dubey, Advs. for D-1 & 2.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 12.02.2020 1.

Ms. Vasundhra Bhardwaj, Advocate today appearing for both the plaintiffs, namely (i) Prithvi Pal Singh and (ii) S.N. Sapra, in this suit for permanent injunction seeks to withdraw the suit and further states that the court fees paid be refunded.

2.

The order dated 2nd September, 2019 records that on that date Ms. Vasundhra Bhardwaj, Advocate and Ms. Parveen Rawal, Advocate were both claiming to be appearing for the plaintiffs and claiming adversely to each other. Ms.Vasundhra Bhardwaj, Advocate today on enquiry states that she has an authority from both the plaintiffs to withdraw the suit and Ms. Parveen Rawal, Advocate is now not appearing for either of the plaintiffs and her own Vakalatnama on behalf of both the plaintiffs is on record. CS(OS) 525/2018

3.

Mr. Rajnish Ranjan, Advocate, requested vide order dated 2nd September, 2019 to appear pro bono for the defendants, appears along with defendant no.2. Mr. Ravinder Malhotra and states that he has no objection to withdrawal of the suit.

4.

The suit is dismissed as withdrawn.

5.

Though the plaintiffs are not entitled in law to refund of court fees but a certificate entitling the plaintiffs to refund of 40% court fees paid, be issued and handed over to the counsel for the plaintiffs. 6.

Needless to state, the interim order is vacated. 7.

This Court expresses its gratitude to Mr. Rajnish Ranjan, Advocate for, on the request of this Court, pro bono assisting the defendants. RAJIV SAHAI ENDLAW, J FEBRUARY 12, 2020 „ak‟..

CS(OS) 525/2018