Kariwala Industries Limited v. Gloster Limited

OCD-5 In The High Court at Calcutta Commercial Division Original Side CS-COM/39/2026 KARIWALA INDUSTRIES LIMITED VS GLOSTER LIMITED

BEFORE:

The Hon'ble JUSTICE ANIRUDDHA ROY Date : April 7, 2026.

Appearance:

Mr. Anubhav Sinha, Adv.

Mr. Subhasis Dey, Adv.

...for the petitioner The Court: Mr. Anubhav Sinha, learned advocate appears for the plaintiff.

In his usual fairness, he submits that there are some formal typographical mistakes principally in paragraph 25 as it is appearing in the plaint and in addition, the supporting pleading praying for dispensation of formalities to avail of pre-litigation mediation under Section 12-A of the Commercial Courts Act, 2015 has not been incorporated in the plaint, which is an essential requirement.

In view of the above, Mr. Sinha prays for withdrawal of this plaint and to file it afresh on the selfsame cause of action on the basis of the Court Fees already paid.

For the ends of justice, the plaint stands dismissed as withdrawn, with liberty to file afresh on the selfsame cause of action and the Court Fees

already paid shall be returned to the plaintiff and the same shall be utilized on the next plaint if it is filed within four weeks from date. (ANIRUDDHA ROY, J.) Arsad CS-COM/39/2026 A.R., J.