Dipa Majumder And ANR. v. Kgn Automobile, Royal Enfield Showroom And ORS.

Court No. 6 CO 1591 of 2025 (265719) 07.05.2025 Mrs. Dipa Majumder & Anr.

Vs.

KGN Automobiles, Royal Enfield (Bullet) Showroom & (AD 27) (S. Banerjee) Ors.

Mr. P. C. Das ...for the petitioners Mr. Sudipto Panda Ms. Salma S. Shah Ms. Sami Hossain Ms. Ipsita Sardar Ms. Sreeparna Ghosh ...for the private respondent Mr. Swapan Banerjee Mr. Diptendu Narayan Banerjee ...for the State Mr. Banerje, learned advocate appears and submits that the Officer in Charge, Serampore Police Station and Commissioner of Police, Chandannagar, as well as the Investigating Officer who is the Assistant Sub-Inspector of Police, have been impleaded as opposite parties in this civil revision application though they are not parties in the civil suit.

Since the police authorities were not parties in the civil suit, the petitioners ought not to have impleaded them as parties in this civil revision application.

By the order impugned an ad interim order of injunction under Oder 39 Rules 1 and 2 of the Civil Procedure Code was allowed.

Such an order is an appellable order under the provision of Order 43 Rule 1(r) of the Civil Procedure Code.

For such reason this court is not inclined to entertain this civil revision application.

At this stage learned advocate appearing for the petitioners prays for leave to withdraw this civil revision application with liberty to approach the appropriate forum.

In the light of the submission made by the learned advocate appearing for the petitioners, CO 1591 of 2025 stands dismissed as withdrawn with liberty to the petitioners to approach the appropriate forum in accordance with law on the self-same cause of action.

(Hiranmay Bhattacharyya, J.)