Rajeswari Trading Co. And ORS v. M/S. Urgo Capital Ltd.

FMAT 129 of 2024 With CAN 1 of 2024 Rajeswari Trading Co. & Ors.

Vs.

M/s. Urgo Capital Limited Mr. Aritra Basu, Mr. Ranjit Singh, Ms. Pooja Sett, Advs.

.......For the respondent.

This appeal and the connected application 27.06.2024 SSS (7) (CAN 1 of 2024) are appearing at the instance of the respondent.

The appeal was from an order of the learned court below in a Section 9 proceeding. When this appeal was mentioned, we directed learned counsel for the respondent to give notice to the appellants. According to the submission made by learned counsel for the respondent, notice has been duly served.

None appears for the appellants.

Learned counsel for the respondent has handed up to us an order dated 18th June, 2024 of the learned 3rd Bench, City Civil Court at Calcutta in Miscellaneous Case no. 1396 of 2024 to the effect that the appellants, who were the petitioners before the learned court did not want to proceed with the application under Section 9 of the Arbitration and

Conciliation Act, 1996 and prayed for its dismissal for non-prosecution. On that basis, the application was dismissed.

In view of the above developments, we dismiss this appeal as well as the connected application (CAN 1 of 2024) vacating all interim orders.

A copy of the said order dated 18th June, 2024 of the learned City Civil Court at Calcutta be taken on record.

[I.P. Mukerji, J] [Biswaroop Chowdhury, J]