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Calcutta High CourtFMA/826/2019dismissed as infructuous

M/S Amar Traders & Finance Co Ltd v. Dilip Kumar Pal & ORS

2025-02-25Hon'Ble Justice Sabyasachi Bhattacharyya,Hon'Ble Justice Uday Kumar1 pages

D/L.1.

February 25, 2025.

MNS.

FMA No. 826 of 2019 M/s. Amar Traders and Finance Co. Ltd.

Vs.

Dilip Kumar Pal and others Mr. Kuldip Mallik, Mr. Krishnendu Paul Choudhury ... for the appellant.

1. In our order dated December 3, 2024, we had erroneously recorded, by overlooking the previous order, that the matter stood dismissed for default, whereas the same already stood restored.

2. However, when the matter is taken up today, the learned Advocate appearing for the appellant submits that the suit from which the appeal arises has itself been dismissed on contest in the meantime and the appeal has been rendered infructuous.

3. Accordingly, FMA No. 826 of 2019 is dismissed as infructuous.

4. Interim order, if any, stands vacated.

5. There will be no order as to costs.

(Uday Kumar, J.) (Sabyasachi Bhattacharyya, J.)