DR. NIVEDITA PANDEY vs SANTOSH PANDEY
$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 06th November, 2023
+ CS(OS) 189/2018
DR. NIVEDITA PANDEY ….. Plaintiff
Through: Mr. Vardhman Kaushik, Mr. Ajay Kanojiya & Mr. Dhruv Joshi, Advocates.
versus
SANTOSH PANDEY ….. Defendant
Through: None.
CORAM:
HON’BLE MS. JUSTICE NEENA BANSAL KRISHNA
J U D G M E N T (oral)
I.A. 21966/2023 (u/S 151 of CPC, 1908 r/w Section 16 of Court Fees Act, 1870)
1. The present Application under Section 151 of the Code of Civil Procedure, 1908 read with Section 16 of the Court Fees Act, 1870 has been filed on behalf of the applicant/plaintiff seeking withdrawal of the present Suit in terms of the Memorandum of Understanding dated 24.08.2023 entered into between the parties and also to refund the court fee.
2. It is submitted in the application that the matter has been amicably settled between the parties and the Memorandum of Understanding dated 24.08.2023 has been entered into between the parties and the same bears the signatures of all the parties.
3. In view of the Memorandum of Understanding dated 24.08.2023, the present application is allowed.
4. Accordingly, the present Suit is dismissed as withdrawn in view of the Memorandum of Understanding dated 24.08.2023 entered into between the parties.
5. A request is also made by learned counsel for the applicant/plaintiff that the present matter has been settled vide Memorandum of Understanding dated 24.08.2023 entered into between the parties, the refund of court fee may be allowed.
6. In view of the said Memorandum of Understanding dated 24.08.2023 entered into between the parties, the Registry is directed to refund the court fee to the applicant/plaintiff @ 50%.
7. The present application is accordingly disposed of.
CS(OS) 189/2018 & I.A. 5657/2018
8. In view of the Order passed in Application bearing No. I.A. 21966/2023, the present Suit is dismissed as withdrawn along with pending application.
9. The next date of hearing i.e., 09.01.2024 is hereby cancelled.
(NEENA BANSAL KRISHNA)
JUDGE
NOVEMBER 06, 2023
S.Sharma
CS(OS) 189/2018 Page 2 of 2