P P Elektro Power And ORS v. Kamala Shankar Tewari

ODC-2 ORDER SHEET CS/70/2021 IA NO: GA/1/2021

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE P P ELEKTRO POWER AND ORS -VSKAMALA SHANKAR TEWARI

BEFORE:

The Hon'ble JUSTICE KRISHNA RAO Date : August 4, 2022.

Appearance:

Mrs. Manju Agarwal, Adv.

Mr. Bajrang Manot, Adv.

... for the plaintiffs Mr. Nemani Srinivas, Adv.

Mr. Manish Shukla, Adv.

... for the defendant The Court: Counsel for the respective parties are present. Counsel for the plaintiffs submits that the cheque issued by the defendant has been encashed and the plaintiffs have received an amount of Rs. 41,00,000/- being the full and final settlement and hence, the plaintiffs have no further claim with respect to the suit against the defendant. Counsel for the defendant submits that the plaintiffs have also initiated a case against the defendant for the offence punishable under Section 138 of the Negotiable Instrument Act. Counsel for the plaintiffs submits that as the plaintiffs have received the full and final amount of Rs.41,00,000/-, they will not proceed with the criminal proceedings initiated under Section 138 of the N.I. Act.

In view of the submissions made by the counsel for the respective parties, CS/70/2021 is disposed of.

The connected application being GA/1/2021 also stands disposed of.

(KRISHNA RAO, J.) RS