Paremvir Malik vs Rambir Malik & Ors
2015 Latest Caselaw 7868 Del

$~12 & 13.
*    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

                        ORDER

% 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.

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withdrawn along with the pending applications.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