← Library
Calcutta High CourtCRR/2856/2019dismissed as withdrawn

Anubhav Sonthalia & ANR v. Neha Sonthalia

2022-03-11Hon'Ble Justice Bibek Chaudhuri1 pages

11.03.2022 Serial no. 06 Srimanta Ct. No. 42 IA NO.:CRAN/1/2021 in CRR 2856 of 2019 (Through Video Conference) In re : An application under Section 28(2) of the Protection of Women from Domestic Violence Act, 2005.

AndIn the matter of : Anubhav Sonthalia & Anr. ... Petitioners.

Mr. Ayan Bhattacharyya, Adv., Mr. Javed Majid, Adv., Mr. Himadri Ghosh, Adv.

...for the Petitioners.

It is fairly submitted by Mr. Ayan Bhattacharyya, Learned Advocate for the petitioner/opposite party that an application for review against the order passed by this Court is not maintainable. Therefore, he submits that he be permitted to withdraw the instant application for review on instruction. It is also submitted by him that the petitioner may also be permitted to file affidavit-in-opposition or written objection in view of the ratio laid down in Rajnesh -Vs.- Neha & Anr. reported in (2012) 2 SCC 324. The petitioner is permitted to take proper step to protect his interest in accordance with law in the Trial Court. If any such step is taken by the petitioner herein in the Trial Court, the Learned Court below shall consider the same in accordance with law.

The application being CRAN/1/2021 under Section 28(2) of the Protection of Women from Domestic Violence Act, 2005 stands dismissed as withdrawn.

(Bibek Chaudhuri, J.)