H R Commercials Pvt Ltd v. Haldia Petrochemicals Ltd And ANR

10th June, (AK) F.M.A. 129 of 2023 IA No: CAN 1 of 2023 HR Commercials Private Limited Vs.

Haldia Petrochemicals Limited and another Mr. Rahul Kumar Singh ...for the appellant.

1.

Learned counsel for the appellant rightly points out that this Bench does not have determination to take up commercial matters.

2.

However, instead of relegating the appellant to the Commercial Bench for the innocuous order which we propose to pass, as will be indicated hereinbelow, we choose to take up the matter for such limited purpose.

3.

Learned counsel hands over the photocopy of a communication as well as a printout of the server copy of an order indicating that the suit, in connection with which the order impugned in the present appeal was passed, has itself been withdrawn by the plaintiff in the meantime in the trial court.

4.

As such, the appeal and the connected application have become infructuous.

5.

Hence, FMA 129 of 2023 along with CAN 1 of 2023 are dismissed as infructuous, without any order as to costs.

6.

Interim order, if any, stands vacated.

7.

The documents filed in court today be kept on record.

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