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Calcutta High CourtFMA/595/2023dismissed for default

Manika Naskar v. Cholamondalam Investment And Finance Company Limited

2024-12-03Hon'Ble Justice Sabyasachi Bhattacharyya,Hon'Ble Justice Gaurang Kanth1 pages

3rd December, (AK) F.M.A. 595 of 2023 IA No: CAN 1 of 2023 Manika Naskar Vs.

Cholamondalam Investment and Finance Company Limited Mr. Ratul Deb Banerjee Mr. Ranjit Singh ...for the respondent.

1.

At the time of call, none appears for the appellant. 2.

Learned counsel appearing for the respondent hands over a server copy of an order dated February 19, 2024 passed in Title Suit No.1060 of 2023, from which suit the present appeal arises, indicating that the suit itself was dismissed as withdrawn vide Order No.4 dated February 19, 2024.

3.

Since the present appeal arises out of an order passed in the withdrawn suit, the appeal itself does not survive.

4.

Accordingly, FMA 595 of 2023 (previously FMAT 273 of 2023) along with application bearing CAN 1 of 2023 is dismissed as infructuous.

(Sabyasachi Bhattacharyya, J.) (Gaurang Kanth, J.)