Partha Chakraborty And ORS v. Anindya Mitra And ORS

D/L.3.

February 19, 2026.

MNS.

FMA No. 1827 of 2025 Partha Chakraborty and others Vs.

Anindya Mitra and others Mr. Abhrotosh Majumder, Sr. Adv., Mr. Jishnu Chowdhury, Sr. Adv., Ms. Nandini Khaitan, Mr. Vidush Sinha, Mr. Mehul Bachhawat ... for the appellants.

Mr. Pramit Kumar Roy, Sr. Adv., Ms. Atmaja Bandyopadhyay, Ms. Benazir Kazi ...for the respondents.

1.

Learned senior counsel appearing for the appellants submits that the appellants do not want to proceed further with the appeal and seeks a dismissal of the appeal for non-prosecution.

2.

Learned senior counsel appearing for the respondents, on the other hand, opposes such prayer on the ground that valuable rights have accrued in favour of the respondents in view of the appellants having submitted to the jurisdiction of Indian Courts by preferring the appeal, will be taken away if such order is passed without any further liberty to the respondents to raise such question before the appropriate forum.

3.

However, we find that the appellants have not obtained any interim order in connection with the appeal and, as such, it cannot be said that any right in particular

has accrued in favour of either of the parties merely by preferring the appeal, particularly in view of the appellants now seeking to withdraw the same.

4.

Be that as it may, since the respondents submit that no copy of the memorandum of the appeal has been served on them, we request the learned Advocate-onrecord for the appellants to serve a copy of the memorandum of the present appeal on the learned Advocate-on-record appearing for the respondents by tomorrow.

5.

In view of the prayer of the appellants, FMA No. 1827 of 2025 is dismissed for non-prosecution.

6.

There will be no order as to costs.

(Supratim Bhattacharya, J.) (Sabyasachi Bhattacharyya, J.)