Ofb Tech Private Limited v. Rean Watertech Private Limited And ORS

18.11.2025 Court No.13 Item No. 1 pk AO-COM 56 of 2025 CAN 1 of 2025 OFB Tech Private Limited Vs.

Rean Watertech Private Limited & others Mr. Nitesh Goyal, Mr. Abhishek Kabir ..for the appellant.

Mr. Shuvasish Sengupta, Mr. S. Choudhury ... for the respondents.

Mr. A. Guha, Mr. Shilpa Das ... for the ICICI Bank.

Ms. Anna Malhotra, Mr. Rishav Maity ... for the respondent no. 3.

1.

Counsel for the appellant seeks liberty to withdraw the instant appeal with liberty to file a fresh appeal on the self same cause of action.

2.

Mr. Sengupta, learned counsel for the respondents submits that there is no second appeal conceived of under the Commercial Court's Act against the appellate order passed by the Commercial Court at Rajarhat under Section 37 of the said Act.

3.

Having regard to the above, AO-COM 56 of 2025 is dismissed with liberty to take out proceedings under the self same cause of action, if otherwise maintainable. (Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.)