Final Order 2

Order Details: COPY OF ORDER
Pdf Text: CS (COMM.) 794/22
M/S CLEAR MEDIA (INDIA) PVT. LTD. Vs. LEHAR
ADVERTISING PRIVATE LIMITED
06.01.2023
Present: Ms Apoorva Behl, Ld. Counsel for the plaintiff along with
Sh. Raj Kumar, AR of the plaintiff.
None for the defendant.
Memo of appearance under Order 37 Rule 3 CPC along
with Board Resolution and Vakalatnama has already been filed on
behalf of the defendant. The same is taken on record.
Ld. Counsel for the plaintiff submits that she has
instructions to state that the present suit has been settled out of the court
between the plaintiff and the defendant and the plaintiff has received
the settlement amount from the defendant. She further submits that in
view of the same, the plaintiff wishes to withdraw the present suit and
prays that the present suit be dismissed as withdrawn as settled.
Separate statement of the AR of the plaintiff is recorded in
this regard.
In view of the separate statement made by the AR of the
plaintiff, the present suit is dismissed as withdrawn as settled. There is
no order as to cost.
Ld. Counsel for the plaintiff prays for refund of the court
fees.
In a case titled as Trinity Globemerchants Pvt. Ltd. Vs.
Manganga Sahakari Sakhar Karkhana Ltd. in CS (COMM)
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16/2020, the Hon’ble High Court of Delhi vide order dated
24.02.2020 has permitted the plaintiff to withdraw the suit with such
liberty, with an order of refund of court fees.
In view of the aforesaid pronouncement in the case of
Trinity Globemerchants Pvt. Ltd. (Supra), as prayed, a certificate be
issued by the Reader, entitling the plaintiff to refund of court fees paid.
Original documents of parties on record, if any, be returned
to the concerned parties on their written request, after taking proof of
identity, subject to their filing certified copies of the documents.
File be consigned to record room.
(Anurag Sain)
District Judge (Commercial Court01,
Patiala House Courts Complex,
New Delhi/06.01.2023
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