Final Order 9

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS SCJ no. 2040/23
M/s Velfit Auto Traders v. M/s J.J. Motors.
23.08.2024
File taken up today on an application filed on behalf of plaintiff.
Present: Sh. G.D. Khaturia, Ld. Counsel for plaintiff.
An application has been filed on behalf of plaintiff for
early hearing along with an application under Order 23 Rule 1 r/w
Section 151 CPC for withdrawal of the present suit. Same is taken on
record.
Ld. Counsel for plaintiff submits that plaintiff wishes to
withdraw the present matter against the defendant as the matter has been
amicably settled between the parties and prays that the date already
fixed be preponed and the matter be taken up today.
Submissions heard.
In view of the submissions made and reasons stated in the
application, the application filed on behalf of plaintiff for early hearing
is allowed. Accordingly, the matter is taken up today.
Separate statement of Ld. Counsel for plaintiff for
withdrawal of present suit has been recorded today.
In view of the submissions as well as statement given by
Ld. Counsel for plaintiff, the request of Ld. Counsel for plaintiff to
withdraw the present suit is allowed. The present suit is dismissed as
withdrawn as settled between the parties.
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Accordingly, the application under Order 23 Rule 1 r/w
Section 151 CPC filed on behalf of plaintiff for withdrawal of the
present suit stands allowed.
Ld. Counsel for plaintiff has sought the return of the court
fees. In view of the observations of the Hon'ble Supreme Court in
The High Court of Judicature at Madras Rep. By its Registrar
General v. M.C. Subramaniam & Ors. SLP (Civil) Nos. 3063-3064 of
2021, the court fees be returned to the plaintiff as per rules.
File be consigned to Record Room after due compliance.
Earlier date i.e. 25.11.2024 stands cancelled.
(Umang Joshi)
Civil Judge-04, Central,
Tis Hazari Courts, Delhi
23.08.2024
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