M/S Ganesh Ram Dokania And ORS v. Uco Bank And ANR

OCD-2 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

COMMERCIAL DIVISION ORIGINAL SIDE CS-COM/25/2025 M/S GANESH RAM DOKANIA AND ORS -VSUCO BANK AND ANR

BEFORE:

The Hon'ble JUSTICE KRISHNA RAO Date : March 10, 2025.

Appearance:

Mr. Shivam Bhimsaria, Adv.

Ms. Akansha Singhania, Adv.

...for the plaintiff The Court: Mr. Shivam Bhimsaria, learned counsel, is appearing for the plaintiff.

The matter is fixed today for presentation of plaint. When the matter is called, counsel for the plaintiff submits that the plaintiff has inadvertently filed the suit before the commercial division and, as such, he intends to withdraw the present suit with liberty to file a suit before the appropriate forum as the dispute is not covered under the Commercial Courts Act.

Considered the submission made by the counsel for the plaintiff. The plaint is returned to the plaintiff along with all the documents with the liberty to file before the appropriate forum. The court fees to be refunded to the plaintiff and the plaintiff will be at liberty to use the said court fees if the plaintiff intends to file a fresh suit on the self same cause of action before the appropriate forum. The department is directed to keep a Xerox copy of the plaint along with all the documents for the purpose of record of this Court.

CS-COM/25/2025 is dismissed as withdrawn with liberty to file afresh before the appropriate forum.

(KRISHNA RAO, J.) sp3