Surendra Singh Bengani v. Madhukar Nowlakha

OD - 6 ORDER SHEET IA NO. GA/1/2021 In CS/99/2021

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE SURENDRA SINGH BENGANI Vs MADHUKAR NOWLAKHA

BEFORE:

The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA Date : 20TH SEPTEMBER, 2021.

Appearance :

Mr. Rohit Banerjee, Adv.

Mr. A. Paul, Adv.

Mr. V. Singh Bengani, Adv.

Mr. R. Ghosh, Adv.

The Court: Learned Counsel appearing for the plaintiff seeks to withdraw the suit on the ground that the leave could not have been granted by the Master sometime in April, 2021 when the sole defendant is outside the Ordinary original Civil Jurisdiction of this Court. Upon hearing learned Counsel, CS No.99 of 2021 is allowed to be withdrawn with costs which are reasonably assessed at Rs. 10,000/- to CRY India within a fortnight from date.

CS No.99 of 2021 is accordingly dismissed as withdrawn. The plaintiff shall be at liberty to file a fresh suit on the self-same cause of action and using the Court fees which have already been paid.

Interim orders shall stands vacated and all connected applications are disposed of in terms of the above.

(MOUSHUMI BHATTACHARYA, J.) S.De