Dismissed¶34

Nitin Saxena v. Amit Saxena & Ors.

Delhi HC18 Sept 2025CS(OS)/646/2023

Case brief

AI extract

What is this about?

Withdrawal of suit; dismissal as withdrawn; Order XXIII Rule 1(1) CPC; settlement deed; vacation of interim orders; disposal of pending applications; refund of 50% court fees; Section 16A Court Fees Act 1870; Delhi High Court; CS(OS) 250/2023; CS(OS) 646/2023; CS(OS) 856/2023; I.A. 22975/2025; I.A. 22974/2025; I.A. 22976/2025; Justice Amit Bansal; Jatinder Pal Singh Sawhney; Nitin Saxena; Amit Saxena.

What did the court decide?

All three suits (CS(OS) 250/2023, CS(OS) 646/2023 and CS(OS) 856/2023) dismissed as withdrawn under Order XXIII Rule 1(1) CPC pursuant to settlements; all pending applications disposed of; all interim orders vacated; Registry directed to issue certificates of refund of 50% of court fees in favour of the plaintiff under Section 16A of the Court Fees Act, 1870. ¶34

Nitin Saxena Vs Amit Saxena & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶34

Issue for consideration

Whether suit CS(OS) 250/2023 should be permitted to be withdrawn under Order XXIII Rule 1(1) CPC in view of the settlement between the parties. +1 more

¶21

Court's answer

Suit CS(OS) 250/2023 is dismissed as withdrawn, the defendant's counsel having not opposed the request.

¶23

Ratio / Principle

All pending applications in CS(OS) 250/2023 stand disposed of.

¶27

Key takeaways

All interim orders in CS(OS) 250/2023 stand vacated.ratio¶28
In view of the settlement, the Registry is directed to issue a certificate of refund of 50% of the Court Fees in favour of the plaintiff in CS(OS) 250/2023, in terms of Section 16A of the Court Fees Act, 1870.ratio¶28
Suits CS(OS) 646/2023 and CS(OS) 856/2023 are dismissed as withdrawn and all pending applications therein stand disposed of, the defendant's counsel having not opposed the request.ratio

Detailed headnote1 paragraphs

Delhi High Court (Hon'ble Mr. Justice Amit Bansal), order dated 18.09.2025: Three suits were dismissed as withdrawn under Order XXIII Rule 1(1) of the Code of Civil Procedure, 1908 following settlements between the parties — CS(OS) 250/2023 (Jatinder Pal Singh Sawhney v. Amit Saxena & Ors.) vide Settlement Deed dated 10th September, 2025 (I.A. 22975/2025), and CS(OS) 646/2023 and CS(OS) 856/2023 (Nitin Saxena v. Amit Saxena & Ors.) vide settlement deed dated 8th September, 2025 (I.A. 22974/2025 and I.A. 22976/2025). Counsel for the defendants did not oppose the withdrawals. All pending applications stand disposed of and all interim orders stand vacated. In each case the Registry was directed to issue a certificate of refund of 50% of the Court Fees in favour of the plaintiff in terms of Section 16A of the Court Fees Act, 1870.

¶1

$~66, 67 and 68

¶2

* IN THE HIGH COURT OF DELHI AT NEW DELHI I.A. 22975/2025 IN

¶3

+ CS(OS) 250/2023

¶4

JATINDER PAL SINGH SAWHNEY .....Plaintiff Through: Mr. Madhusudan, Mr. Vikhyat Oberoi, Mr. Ankit Kakkar, Mr. Fazal Haroon & Mr. Shreya Vedantika Mehra, Advocates versus AMIT SAXENA AND ORS .....Defendants Through: Mr. Cheitanya Madan, Mr. Shashikant, Mr. Vikram Singh Nanyal, Mr. Sahil Kiroriwal, Mr. Azam Khan and Mr. Ashwin, Advocates

¶5

¶6

I.A. 22974/2025 IN

¶7

+ CS(OS) 646/2023
NITIN SAXENA			.....Plaintiff
Through:	Mr. Obe	Madhusuda roi, Mr.	n, Mr. Vikhyat Ankit Kakkar,
	Mr. Ved	Fazal Haro antika Mehra,	on & Mr. Shreya Advocates
versus
AMIT SAXENA & ORS.			.....Defendants
Through:	Mr.	Cheit	anya Madan,
	Mr.	Shashikant,	Mr. Vikram Singh
	Nan	yal, Mr.	Sahil Kiroriwal,
	Mr.	Azam Khan	and Mr. Ashwin,

¶8

CS(OS) 250/2023 & connected matters

¶9

Page 1 of 3

¶10

This is a digitally signed order.

¶11

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 24/09/2025 at 12:08:48

¶12

Advocates for D-1

¶13

¶14

+ CS(OS) 856/2023, CRL.M.A. 20445/2024, I.A. 25863/2023, I.A. 233/2024 & I.A. 22976/2025

¶15

NITIN SAXENA .....Plaintiff Through: Mr. Madhusudan, Mr. Vikhyat Oberoi, Mr. Ankit Kakkar, Mr. Fazal Haroon & Mr. Shreya Vedantika Mehra, Advocates versus AMIT SAXENA & ORS. .....Defendants Through: Mr. Cheitanya Madan, Mr. Shashikant, Mr. Vikram Singh Nanyal, Mr. Sahil Kiroriwal, Mr. Azam Khan and Mr. Ashwin, Advocates

¶16

CORAM: HON'BLE MR. JUSTICE AMIT BANSAL

¶17

O R D E R % 18.09.2025

¶18

CS(OS) 250/2023 with I.A. 22975/2025 (under Order XXIII Rule 1(1) CPC)

¶19

I.A. 22975/2025 has been filed under Order XXIII Rule 1 of the Code of Civil Procedure, 1908 seeking withdrawal of the present suit.

¶20

It is stated that the parties have settled their disputes vide Settlement Deed dated 10^th September, 2025. The settlement deed has been filed along with the application.

¶21

In view of the aforesaid settlement, the plaintiff seeks to withdraw the present suit.

¶22

Counsel for the defendant does not oppose the request.

¶23

Accordingly, the suit is dismissed as withdrawn. All pending

¶24

CS(OS) 250/2023 & connected matters

¶25

Page 2 of 3

¶26

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 24/09/2025 at 12:08:48

¶27

applications stand disposed of.

¶28

All interim orders stand vacated. 7. In view of the fact that the matter has been settled, the Registry is directed to issue a certificate of refund of 50% of the Court Fees in favour of the plaintiff, in terms of Section 16A of the Court Fees Act, 1870.

¶29

CS(OS) 646/2023 with I.A. 22974/2025 (under Order XXIII Rule 1(1) CPC) and CS(OS) 856/2023 with I.A. 22976/2025.

¶30

I.A. 22974/2025 and I.A. 22976/2025 have been filed under Order XXIII Rule 1 of the Code of Civil Procedure, 1908 seeking withdrawal of the captioned two suits.

¶31

It is stated that the parties have settled their disputes vide settlement deed dated 8^th September, 2025. The settlement deed has been filed along with the applications.

¶32

In view of the aforesaid settlement, the plaintiff seeks to withdraw the present suits. i.e. CS(OS) 646/2023 and CS(OS) 856/2023.

¶33

Counsel for the defendant does not oppose the request.

¶34

Accordingly, the captioned suits are dismissed as withdrawn. All pending applications stand disposed of.

¶35

All interim orders stand vacated.

¶36

In view of the fact that the matter has been settled, the Registry is directed to issue a certificate of refund of 50% of the Court Fees in favour of the plaintiff, in terms of Section 16A of the Court Fees Act, 1870.

¶37

AMIT BANSAL, J

¶38

SEPTEMBER 18, 2025 ds

¶39

CS(OS) 250/2023 & connected matters

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Page 3 of 3

¶41

Nitin Saxena v. Amit Saxena & Ors.

Case brief

What is this about?

What did the court decide?

Nitin Saxena v. Amit Saxena & Ors.

Case brief

What is this about?

What did the court decide?

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What the court decided

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