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Calcutta High CourtCS/138/2021dismissed for default

Manav Investment And Trading Co Ltd v. Dbs Bank India Ltd

2023-02-09Hon'Ble Justice Arindam Mukherjee1 pages

OCD-28

IN THE HIGH COURT AT CALCUTTA

ORIDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE COMMERCIAL DIVISION CS 138/2021 MANAV INVESTMENT AND TRADING CO. LTD.

VERSUS

DBS BANK INDIA LTD.

BEFORE:

The Hon'ble JUSTICE ARINDAM MUKHERJEE Date:9th February, 2023.

Mr. Sakabda Roy,Adv.

Ms. Sanjana Jha,Adv.

...for the defendant.

The Court: - Affidavit of service filed in Court today is taken on record. The plaintiff remains unrepresented despite service. It is submitted on behalf of the defendant bank that the shares which were pledged with them have been duly sold and, as such, the present suit has become infructuous. The plaintiff is pursuing its remedy for damages in another suit filed after the plaintiff was unable to succeed in its interlocutory application filed in this suit.

Considering this aspect, since the plaintiff remains unrepresented even at the second call, the suit is dismissed for default. Interim orders, if any, stand vacated.

(ARINDAM MUKHERJEE, J.) s.chandra/