Tata Capital Financial Services Limited v. Chandan Mahto And ANR.

ODC-1 AP/41/2021

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE TATA CAPITAL FINANCIAL SERVICES LIMITED

VERSUS

CHANDAN MAHTO AND ANR.

BEFORE:

The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA Date : 12th August, 2021.

[Via video conference] Appearance:

Mr. Avishek Guha, Adv.

The Court: The Advocate-on-record of the petitioner seeks to withdraw the arbitration petition on the basis of a communication sent by the petitioner to the Advocate-on-record on 10th August, 2021. Since the respondents were not represented, the Court had directed the petitioner to serve upon the respondents and also produce a communication from the petitioner for withdrawing the matter. The affidavit of service shows that both the respondents refused delivery of a communication of the Advocate-on-record of the petitioner dated 5th August, 2021 which clearly mentions that the petitioner intends to withdraw the present proceedings. The respondents were also requested to be present on the day when the matter would be taken up for hearing. No one appears for the respondents despite such service. The written communication of the petitioner is taken on record. AP/41/2021 is dismissed as withdrawn.

Interim orders, if any, shall stand vacated. All connected applications are disposed of in terms of this order. (MOUSHUMI BHATTACHARYA, J.) bp.