Shiv Shankar vs Rambati
2015 Latest Caselaw 267 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+          CS(OS) 369/2011 & IAs No.2468, 12562-64/2011

                                                Decided on: 12.01.2015
IN THE MATTER OF
SHIV SHANKAR                                     ..... Plaintiff
                          Through : Mr.Pankaj Vivek and
                          Ms.Anupriya Singh, Advocates

                          versus
RAMBATI                                         ..... Defendant
                          Through : Ms.Richa Kapoor, Advocate

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J. (ORAL)

IA No.570/2015 (u/O XXIII R-1 CPC for withdrawal of suit)

1. This application has been filed by the plaintiff praying inter

alia for withdrawal of the present suit.

2. Notice. Learned counsel for the defendant accepts notice and

states that she has no objection to the request made by the counsel

for the plaintiff.

3. Counsels for the parties jointly state on instructions, that the

parties have amicably settled their dispute out of court and

therefore, the plaintiff has agreed to withdraw the present suit

unconditionally.

4. Learned counsel for the plaintiff further states that as the suit

is at the initial stages and pleadings have yet to be completed, the

Registry may be directed to issue a certificate for refund of the

court fees to the extent of 50%.

5. In view of the averments made in the application, the same is

allowed. The suit is dismissed as withdrawn, along with the pending

applications, while leaving the parties to bear their own costs. The

Registry is directed to issue a certificate in favour of the plaintiff for

seeking refund of 50% the court fees as deposited in the treasury.

6. The date already fixed in the matter, i.e., on 25.2.2015

stands cancelled.

File be consigned to the Record Room.

(HIMA KOHLI) JUDGE JANUARY 12, 2015 mk