Final Order 15

Order Details: COPY OF ORDER
Pdf Text: 51 CS 105/23
SANJAY MALHOTRA Vs. AMIT TYAGI
20.12.2024
Present : Plaintiff in person with Counsel Sh. Mayur Srivastava.
Defendant in person.
Parties have submitted that they have arrived at an out of court
settlement. They have jointly filed an affidavit, wherein, terms of the settlement
have been incorporated, which is now exhibited as Ex.P1. It is agreed in the
Ex.P1 that the respective parties shall withdraw their respective cases against
each other.
Separate statements of the parties have been recorded.
In view of the said statements, Affidavit Ex.P1 and out of court
settlement arrived at between the parties, the matter stands disposed of as
settled/compromised.
Counsel for the plaintiff has made a prayer for refund of the court
fee. In view of the decision of the Hon'ble Supreme Court of India in the matter
of
The High Court of Judicature at Madras Rep. by its Registrar General Vs.
M.C. Subhramanian and Others in SLP (Civil) No.3063-3064 of 2021 decided
on 17.02.2021, the parties settling the matter by an out of court settlement even
without resorting to the modes prescribed under Section 89 of CPC are also
entitled to refund of the court fee. In view of this, the Court Fee affixed by the
plaintiff be refunded as per Rules.
File be consigned to the record room.
(Harvinder Singh Johal)
DJ-02 & Waqf Tribunal
NDD/PHC/ND/20.12.2024
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