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Calcutta High CourtAP/261/2021dismissed

Texmaco Rail And Engineering Limited v. Upper Tamakoshi Hydropower Limited And ORS

2021-06-30Hon'Ble Justice Moushumi Bhattacharya2 pages

ODC-1 ORDER SHEET AP/261/2021

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE (Commercial Division) TEXMACO RAIL AND ENGINEERING LIMITED

Versus

UPPER TAMAKOSHI HYDROPOWER LIMITED AND ORS.

BEFORE:

The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA Date : 30th June, 2021.

[Via Video Conference] Appearance:

Mr. Rajarshi Dutta, Adv.

Mr. Tridib Bose, Adv.

The Court : Learned counsel appearing for the petitioner, which had moved an application under Section 9 of The Arbitration and Conciliation Act, 1996 and obtained an order of injunction restraining the respondent no.1 from realising the amounts under the bank guarantees given in respect of the contract between the parties, submits that the matter has been settled between the parties. Counsel submits that the petitioner has sent a mail dated 28th June, 2021 asking the advocate-on-record to withdraw the application under Section 9 of the Act.

In view of the above, AP No.261 of 2021 is dismissed as withdrawn. Interim order dated 25th June, 2021, accordingly, stands vacated. (MOUSHUMI BHATTACHARYA, J.) kc