$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 897/2024 HELL ENERGY MAGYARORSZAG KFT & ANR......Plaintiffs Through: Mr. Nihit Nagpal, Ms. Livya P. Lalu, Mr. Vikrant Rana and Ms. Lucy Rana, Advocates. versus AGGARWAL DEPARTMENTAL STORE & ORS......Defendants Through: None. CORAM: HON'BLE MR. JUSTICE TUSHAR RAO GEDELA O R D E R % 28.04.2026 CS(COMM) 897/2024 & I.A. 11901/2026 (Seeking withdrawal of the suit) 1. This is an application under Section 151 of the Code of Civil Procedure, 1908, seeking withdrawal of the present suit. 2. Learned counsel for the applicant/plaintiff states that the last batch of Energy Coffee Latte powered by Hell Energy Coffee Cans has already expired and on that basis, the plaintiff seeks to withdraw the present suit. 3. He also states that the market survey has indicated that this product is no longer available or circulating in the market. Thus, on that count too, the plaintiff seeks to withdraw the present suit. 4. It has been informed that none has been appearing for the defendant for the last two or three dates of hearing. Even today, nobody appears for the defendant. 5. In view of the above and on the basis of the averments made in the application, the application is allowed and the suit is permitted to be withdrawn. 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 02/05/2026 at 13:24:09 6. Accordingly, the suit is dismissed as withdrawn. 7. The next date of hearing before the Joint Registrar (Judl.) i.e. 28.07.2026 stands cancelled. 8. Learned counsel for the plaintiffs requests for refund of Court Fees. 9. However, upon perusal of the provisions under Section 16 of the Court Fees Act, 1870, it appears that it restricts the benefit to suits which are disposed of as settled. 10. List on 11.05.2026 for clarification on the aforesaid aspect. TUSHAR RAO GEDELA, J APRIL 28, 2026 yrj 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 02/05/2026 at 13:24:09