Disposed¶14

Atul Aggarwal v. Tarun Kumar

Delhi HC9 Jul 2025RFA/134/2024

Case brief

AI extract

What is this about?

Withdrawal of regular first appeal (RFA 134/2024, Delhi High Court) permitted under section 151 CPC on ground of amicable settlement between parties; appeal disposed as withdrawn; refund of half court fee under section 16(A) Court Fees Act, 1970 (Delhi); refund certificate to be drawn by Registry within two weeks; Atul Aggarwal v. Tarun Kumar; counsel Netrapal Singh for appellant; order dated 09.07.2025 by Justice Anup Jairam Bhambhani.

What did the court decide?

Leave to withdraw the appeal granted; appeal disposed-of as withdrawn; half the amount of the court fee affixed to the appeal ordered to be refunded to the appellant under section 16(A) of the Court Fees Act, 1970; Registry to draw the requisite refund certificate within 02 weeks; date of 25.07.2025 before the learned Joint-Registrar cancelled. ¶14

Atul Aggarwal Vs Tarun Kumar — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the appellant should be granted leave to withdraw RFA 134/2024 on the ground that the parties have amicably settled the matter.

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Court's answer

The application under section 151 CPC seeking leave to withdraw the appeal, duly supported by an affidavit, is allowed on the ground of amicable settlement between the parties.

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Ratio / Principle

In view of the allowance of the withdrawal application, the appeal stands disposed-of as withdrawn, and pending applications, if any, stand disposed-of.

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Key takeaways

Under section 16(A) of the Court Fees Act, 1970 as applicable to Delhi, half the amount of the court fee affixed to the appeal is directed to be refunded to the appellant.ratio¶16
The Registry is directed to draw the requisite certificate for refund of half the court fee within 02 weeks of the appellant approaching them, and the listing dated 25.07.2025 before the learned Joint-Registrar stands cancelled.ratio¶20

Detailed headnote1 paragraphs

Delhi High Court (Anup Jairam Bhambhani, J.) allowed CM APPL. 33123/2025 filed under section 151 CPC by the appellant in RFA 134/2024 (Atul Aggarwal v. Tarun Kumar) seeking leave to withdraw the regular first appeal, the application being supported by an affidavit and founded on an amicable settlement between the parties. The appeal was disposed-of as withdrawn, with pending applications, if any, also disposed-of. Exercising section 16(A) of the Court Fees Act, 1970 as applicable to Delhi, the Court directed refund of half the amount of the court fee affixed to the appeal and directed the Registry to draw the requisite refund certificate within 02 weeks of the appellant approaching it; the listing dated 25.07.2025 before the learned Joint-Registrar stood cancelled.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- RFA 134/2024

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ATUL AGGARWAL .....Appellant Through: Mr. Netrapal Singh, Advocate via video-conferencing.

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versus

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TARUN KUMAR .....Respondent

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Through:

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CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 09.07.2025

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CM APPL. 33123/2025

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By way of the present application filed under section 151 of the Code of Civil Procedure 1908 (‘CPC’), the appellant/applicant seeks leave to withdraw the present regular first appeal, on the ground that the parties have amicably settled the matter.

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For the reasons stated in the application, which is duly supported by an affidavit, the application allowed.

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The application stands disposed-of.

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RFA 134/2024

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In view of the order passed above, the appeal stands disposed-of as withdrawn.

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Pending applications, if any, also stand disposed-of.

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Insofar as the prayer for refund of court fee is concerned, in view of section 16(A) of the Court Fees Act, 1970 as applicable to Delhi, it is directed that half the amount of the court fee affixed to the appeal be refunded to the appellant.

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Page 1 of 2

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RFA 134/2024

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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 15/07/2025 at 11:31:24

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The Registry is directed to draw the requisite certificate for refund of half the amount of court fee affixed within 02 weeks of the appellant approaching them for the above purpose.

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The date of 25.07.2025 before the learned Joint-Registrar stands cancelled.

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ANUP JAIRAM BHAMBHANI, J.

JULY 9, 2025 ds

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RFA 134/2024