The Court allowed the plaintiffs' application to withdraw the suit based on a settlement reached with the defendant. It decreed the suit as settled, discharged the bank, and ordered the refund of court fees citing a Supreme Court decision.
Application allowed; suit decreed as settled; bank discharged; court fee refund directed.
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J U D G M E N T(ORAL)
HDFC Bank
I.A. No. 33188/2024 (under Order XXIII Rule 3 CPC seeking
Signature Not Verified
Signed By:MAHIMA SHARMA Signing Da te:1 5.07.2024 19:07:11
CS(OS) 199/2022 Page 1 of 4
permission to withdraw the suit and give effect to memorandum of oral family settlement dated 28.06.2024)
5.1 He states that the plaintiffs have already executed a relinquishment deed in favour of the defendant, which has been registered on 05.07.2024. He states that the plaintiff has also issued No Objection Certificates (‘NOCs’) and affidavits in favour of defendant as contemplated therein to enable him to receive the amounts standing in the bank accounts enlisted at Clause 3(c). He states that the plaintiff has also issued No Objection Certificates (‘NOCs’) and affidavits in favour of defendant for the purposes of the property at Patparganj as per Clause 3(b). He states that the plaintiffs remain bound to execute any further document(s) required by defendant for implementation of the terms of the Settlement.
6.1 He further states that the defendant has today handed over demand drafts for a total amount of Rs. 1,30,00,000/- as agreed at Clause 2 of the
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Signed By:MAHIMA SHARMA Signing Da te:1 5.07.2024 19:07:11
CS(OS) 199/2022 Page 2 of 4
Settlement. The three (3) demand drafts’ details are reproduced hereinbelow:
Learned counsel for the plaintiffs confirms the receipt thereof.
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Signed By:MAHIMA SHARMA Signing Da te:1 5.07.2024 19:07:11
CS(OS) 199/2022 Page 3 of 4
application. The parties shall remain bound by the terms and conditions of the settlement. The undertaking of the plaintiffs that they shall cooperate with the defendants for implementation of the terms of the settlement is hereby taken on record and they are bound down to the said undertaking.
12.1 In view of the judgment of the Supreme Court in High Court of Madras v. M.C. Subramaniam1 , the prayer of the plaintiff is hereby allowed and the registry is directed to issue a certificate of refund of Court fees amount of Rs. 18,100/- in the name of plaintiff no. 1-Mrs. Veena Jain within four (4) weeks.
MANMEET PRITAM SINGH ARORA, J
JULY 15, 2024/ msh/sk
1 (2021) 3 SCC 560.
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Signed By:MAHIMA SHARMA Signing Da te:1 5.07.2024 19:07:11
CS(OS) 199/2022 Page 4 of 4
2 issues framed by the court
Whether to allow the application to withdraw the suit and give effect to the family settlement.
Whether the Court fee paid be refunded to the plaintiffs in light of the Supreme Court judgment.
Colour shows how this judgement treated each authority
High Court of Madras v. M.C. SubramaniamRelied on¶40
(2021) 3 SCC 560 · Who else cites this
2 provisions across 2 enactments
Mrs. Veena Jain
Mr. Praveen Jain
HDFC Bank
Manmeet Pritam Singh Arora
As recorded by the court registry
A civil suit filed on the original side of a High Court exercising ordinary original civil jurisdiction.
Judgements on the same questions, provisions and authorities, from every court
