M/S. Bakyashwri Sea Food Pvt. Limited v. M/S. Grobest Feeds Corporation (India) Pvt. Ltd. And ORS.

OCD-1 ORDER SHEET CS 45 of 2023 IA No.GA 1 of 2023

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE (COMMERCIAL DIVISION) M/S. BAKYASHWRI SEA FOOD PVT. LIMITED VS.

M/S. GROBEST FEEDS CORPORATION (INDIA) PVT. LTD. & ORS.

BEFORE:

The Hon'ble JUSTICE ARINDAM MUKHERJEE Date: 23rd March, 2023.

Mr. Debdutta Sen, Mrs. Suchishmita Ghosh, Advocates for plaintiff. The Court : At the time of presentation the proposed plaintiff expresses its desire not to present the plaint but to seek return of the same with a leave to file a fresh on the self-same cause. Since the plaint has not been presented, the question of admitting the same consequent whereupon the institution of the suit has not happened in the instant case. The plaint along with the court fees is directed to be returned by the department to the plaintiff after completion of necessary formalities. The plaintiff shall be at liberty to file a fresh suit on the selfsame cause upon complying with all statutory provisions and if permissible in law.

(ARINDAM MUKHERJEE, J.) pa