MGM MIRAGE v. M.G. MUTHU & ANR

Delhi High Court · 17 May 2016 · 2016:DHC:8599
Valmiki J. Mehta
CS(OS) 1312/2010
2016:DHC:8599
civil appeal_allowed

AI Summary

The Delhi High Court allowed withdrawal of civil suits under Order 23 Rule 1 CPC on the basis of a settlement, directing refund of 50% court fees to the plaintiffs.

Full Text
Translation output
HIGH COURT OF DELHI
CS(OS) 1312/2010
MGM MIRAGE Plaintiff
Through: Ms. Tusha Malhotra, Advocate with Mr. Kshitij Parashar, Advocate.
VERSUS
M.G. MUTHU & ANR Defendants
Through: Mr. R. Sudhinder, Advocate with Mr. Dattatray Vyas, Advocate.
CS(OS) 1167/2012
X MGM RESORTS INTERNATIONAL AND ANR Plaintiffs
Through: Ms. Tusha Malhotra, Advocate with Mr. Kshitij Parashar, Advocate.
VERSUS
MGM GROUP OF COMPANIES AND ORS Defendants
Through: Mr. R. Sudhinder, Advocate with Mr. Dattatray Vyas, Advocate.
CORAM:
HON'BLE MR. JUSTICE VALMIKIJ. MEHTA
17.05.2016 LA. No.6061/2016 (under Order 23 Rule 1 CPC by plaintiff), CS(OS)
No.1312/2010 and LA. Nos.8515/2010 (stay), 17267/2010 (under Order 7
Rule 11 CPC by defendant No.l) & 11557/2011 (under Order 1 Rule 10
CPC)
CS(OS) No.1167/2012 and LA. Nos.7752/2012 (stay), 13169/2012 (under
Order 7 Rule 11 CPC by D-8), 13170/2012 (under Order 7 Rule 10 CPC by D-8), 15202/2012 (under Order 7 Rule 11 by D-10) and 20841/2014
(under Section 89 CPC by plaintiffs)
CS(OS) Nos.1312/2010 & 1167/2012 page 1 of2 2016:DHC:8599
ORDER

1. This is an application (LA. No.6061/2016) filed by the plaintiffs under Order 23 Rule 1 of Code of Civil Procedure, 1908 (CPC). Suits are prayed to be withdrawn on account of settlement entered into between the parties and which is attached with this application being dated 21.3.2016.

2. Accordingly application is allowed and the suits are disposed of as withdrawn. Since suits are withdrawn, all pendingapplications also stand disposed of accordingly.

3. Since the suits are withdrawn before recording of evidence, plaintiffs will be entitled to refund of 50% of the court fees andRegistry will issue the necessary certificates in favour of the plaintiffs. VALMIKIJ. MEHTA, J MAY 17, 2016 Ne CS(OS) Nos.1312/2010 & 1167/2012 page 2 of[2]