$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 698/2025 SAMEER DNYANDEV WANKHEDE .....Plaintiff Through: Mr. Kunal Vats, Adv.

versus RED CHILLIES ENTERTAINMENTS PVT. LTD. AND ORS .....Defendants Through: Mr. Devvrat Joshi, Mr. Angad S.

Makkar and Mr. Raghav Goyal, Advs. for D-2.

Mr. Ankit Parhar, Mr. Tejpal Singh Rathore and Ms. Tanish Gupta, Advs.

for D-3.

Ms. Mamta Rani Jha, Mr. Rohan Ahuja, Ms. Shruttima Ehersa and Ms.

Amishi Sodani, Advs. for D-4.

Mr. Varun Pathak, Ms. Amee Rana, Ms. Radhika Roy and Mr. Tanuj Sharma, Advs. for D-5.

Mr. Sankalp Udgata and Mr. Jeevan Ballav Panda, Advs. for D-6.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 03.02.2026 I.A. 2970/2026 (under Order VII Rule 10A read with Section 151 CPC by the plaintiff)

1. Mr. Kunal Vats, learned counsel appearing on behalf of the plaintiff invites attention of the Court to the judgment dated 29.01.2026, particularly to para 67 and 68 thereof, to contend that the plaint in the present case was returned to the plaintiff to be presented before the Court of competent jurisdiction. Further, liberty was also granted to the plaintiff to make an application and avail appropriate direction under Order VII Rule 10A of the CPC.

2. He submits that in view of the liberty so granted, the present application has been filed. He submits after the return of the plaint, the plaintiff proposes to present the plaint before the City Civil and Sessions Court, at Dindoshi, Suchi Dham, Near Dindoshi Bus Depot, Malad East, Mumbai, Maharashtra-400097.

3. The learned counsels appearing on behalf of defendants named above submits that the defendants have no objection in case the present application is allowed.

4. In view of the above, the application is allowed.

5. Let parties appear before the City Civil and Sessions Court at Dindoshi on 12.02.2026, in which the plaintiff propose to present the plaint.

6. The application is disposed of.

I.A. 2971/2026 (filed by plaintiff under Section 151 CPC seeking refund of Court Fees, pursuant to judgment dated 29.01.2026)

7. The present application has been filed by the plaintiff for refund of entire court fee of Rs.2,10,000/- affixed on the plaint.

8. Mr. Kunal Vats, learned counsel appearing on behalf of the plaintiff submits that since the plaint has been returned for being filed in the Court of competent authority, therefore the court fee affixed on the plaint is also to be returned to the plaintiff.

9. Having regard to the fact that this Court has ordered for the return of the plaint vide judgment dated 29.01.2026 for being filed in the Court of competent jurisdiction, the Registry is directed to return the true copy of the plaint (e-filed) along with true copy of the print out of e-court fee (deposited online).

10. Needless to say that the plaintiff shall be entitled to seek adjustment of court fee in terms of the decision of the Hon’ble Supreme Court in ONGC Ltd. v. Modern Construction and Co., 2013 SCC OnLine SC 924 particularly Para 17 thereof, as and when the same is filed before the Court of competent jurisdiction.

11. With the aforesaid observations, application stands disposed of.

VIKAS MAHAJAN, J FEBRUARY 3, 2026/N.S. ASWAL/jg