G H Agencies Private Limited v. Karikkineth Silks Galeria Alias Karikkinethu Silk Galeria And ANR

OCD-8 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

COMMERCIAL DIVISION ORIGINAL SIDE CS-COM/54/2025 G H AGENCIES PRIVATE LIMITED VS KARIKKINETH SILKS GALERIA ALIAS KARIKKINETHU SILK GALERIA AND ANR

BEFORE:

The Hon'ble JUSTICE KRISHNA RAO Date: May 6, 2025.

Appearance:

Mr. Deepnath Roy Chowdhury, Adv.

Ms. Jyoti Rauth, Adv.

Mr. Hareram Singh, Adv.

... for the plaintiff

1. Mr. Deepnath Roy Chowdhury, learned Advocate, is appearing for the plaintiff.

2. The matter is listed under the heading "Presentation of Plaint" but when the matter is called, learned Counsel for the plaintiff submits that there are technical defects in the plaint which cannot be cured by way of amendment and as such, he prays for withdrawal of the suit with liberty to file afresh on the same cause of action by using the same court fees.

3. Heard the learned Counsel for the plaintiff. Perused the plaint.

4. Plaintiff is granted liberty to withdraw the suit with liberty to file afresh.

5. Accordingly, CS-COM/54/2025 is dismissed as withdrawn with liberty to file afresh on the same cause of action.

6. The plaintiff is also given liberty to use the same court fees at the time of filing a fresh suit on the same cause of action. (KRISHNA RAO, J.) S.Mandi