Allowed

Mr. Rahul Gupta v. Suraj Transport Roadways Pvt. Ltd.

Delhi HC9 Jul 2024CS(OS)/83/2023

Case brief

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What is this about?

The Delhi High Court, dismissing a civil suit as satisfied following an amicable settlement where the plaintiff recovered possession, allowed the plaintiff a 75% refund of court fees based on cited Supreme Court precedents concerning settlement and fee refunds. The pending application was disposed of along with the suit.

What did the court decide?

Refund of 75% of Court fees; certificate to be drawn up within four weeks; suit and pending application disposed of as satisfied.

Mr. Rahul Gupta Vs Suraj Transport Roadways… — Civil Procedure and Limitation | Delhi HC (2024)

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$~12

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CS(OS) 83/2023 & I.A. 2249/2023

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MR. RAHUL GUPTA .....Plaintiff Through: Mr. Lalit Gupta, Mr. Priyansh Jain and Mr. Gautam Goyal, Advs.

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versus

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SURAJ TRANSPORT ROADWAYS PVT. LTD. .....Defendant Through: None

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CORAM:

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HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

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O R D E R

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% 09.07.2024 1. Learned counsel for the plaintiff states that the parties have amicably settled the matter and the plaintiff has recovered the possession of the suit property. He states that the reliefs sought in the present plaint has been satisfied and therefore, he states that the suit be disposed of as satisfied.

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1.1 He states that as is evident from the record, the suit was not contested and in-fact the defendant has not even filed written statement.

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1.2 He states in view of the complete settlement of disputes at the initial stage, the plaintiff may be granted a partial refund of Court fees. He relies upon the judgment of the Supreme Court in High Court of Judicature at Madras, Represented by its Registrar General v. M.C. Subramaniam & Ors. (2021) 3 SCC 560 as followed by this Court in Western Infrabuild Products LLP v. Western Steel India & Ors. 2022 (89) PTC 407 (Del) in support of his prayer for refund.

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 22:10:36

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In view of the submissions of the plaintiff and the judgments relied upon by the plaintiff, the plaintiff is held entitled to return of 75% of the Court fees on account of the settlement of the disputes.

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The registry is directed to draw up the certificate within four (4) weeks.

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The suit is disposed of as satisfied. Pending application stand disposed of.

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MANMEET PRITAM SINGH ARORA, J

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JULY 9, 2024/ hp/sk

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Mr. Rahul Gupta v. Suraj Transport Roadways Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Mr. Rahul Gupta v. Suraj Transport Roadways Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

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