Shyam Sel And Power Ltd v. Bahubali Promoters Pvt Ltd

APO No. 51 of 2019 I. A No. GA 1 of 2019 Old No. GA 570 of 2019 CS No. 152 of 2017

IN THE HIGH COURT AT CALCUTTA

In appeal from its ORDINARY ORIGINAL CIVIL JURISDICTION CIVIL APPELLATE JURISDICTION Shyam Sel & Power Ltd.

Versus

Bahubali Promoters Pvt. Ltd.

Before:

The Hon'ble Justice I. P. MUKERJI And The Hon'ble Justice MD. NIZAMUDDIN Date: 24th February 2021 Appearance:

Mr. Manoj Kr. Tiwari Advocate for the appellant Mr. Dwip Raj Basu, Advocate for the respondent The Court: This disposed of appeal was mentioned and thereupon directed to be listed.

It was disposed of on 28th March 2019. The effect was stay of the suit (CS No. 152 of 2017). However, the judgment and order did not specifically record disposal of the appeal.

In another proceeding between the same parties a terms of settlement has been filed under which these proceedings (suit and appeal) are required to be withdrawn by the respective parties. Further to this the respondent/plaintiff has withdrawn the instant suit. The appellant/defendant wants such an order in this appeal. It cannot be made in a disposed of appeal.

We can only observe that after disposal of the appeal the suit has been withdrawn and the order dated 28th March 2019 disposing of the appeal will have effect accordingly.

(I. P. MUKERJI, J.) (MD. NIZAMUDDIN, J.) R. Bose