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IN THE HIGH COURT OF DELHI AT NEW DELHI
Subramonium Prasad, J
Diwan Saheb Fashion Pvt Ltd – Appellant
Versus
Vijay Bhushan – Respondent
| Table of Content |
|---|
| 1. parties may settle disputes out of court resulting in suit withdrawal. (Para 1 , 2 , 3 , 4) |
| 2. courts may facilitate fee refunds post-settlement upon proper application. (Para 5 , 6 , 7) |
| 3. formal disposal of a suit following a mutual settlement. (Para 8 , 9 , 10 , 11) |
1. Though the present application has been styled as filed under Order XXIII Rule 3 of CPC, however, vide the present the application, the Plaintiff is seeking withdrawal of the Suit under Order XXIII Rule 1(4) of CPC on the ground of settlement arrived at between the parties.
2. It is stated by the learned Counsel appearing for the parties that the parties have mutually resolved their disputes.
3. Learned Counsel for the Defendants states that they have handed over 07 Demand Drafts to the Plaintiff for a total sum of Rs.3,50,00,000/- in terms of the settlement arrived at between the parties as full and final settlement. The details of the Demand Drafts, as proved by the Defendants, read as under:
| S. No. | DD No. | Date | Drawn on | Amount (Rs.) |
|---|---|---|---|---|
| 1. | 023552 | 24.12.2025 | HDFC Bank | 43,75,000/- |
| 2. | 679124 | 07.01.2026 | Punjab National Bank | 43,75,000/- |
| 3. | 000729 | 07.01.2026 | Axis Bank | 87,50,000/- |
| 4. | 000059 | 07. | ||
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