Babita Khaitan v. Majhan Lall Saraf And ORS.

ORDER SHEET OD-4 CS/141/2020

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE BABITA KHAITAN

VERSUS

MAJHAN LALL SARAF AND ORS.

BEFORE:

The Hon'ble JUSTICE DEBANGSU BASAK Date: 5th February, 2021.

(Via Video Conference) Appearance:

Ms. Swati Kedia, Adv.

Mr. Ishaan Saha, Adv.

Mr. Rajarshi Dutta, Adv.

Mr. A.P. Agarwalla, Adv.

Ms. Noelle Banerjee, Adv.

Mr. Dipak Dey, Adv.

The Court: Learned advocate appearing for the plaintiff seeks leave to withdraw the suit in view of the plaintiff filing CS No.30 of 2021. The prayer for withdrawal is opposed at the behest of the defendant no.1 and the defendant no.60, 61 and 62.

The plaintiff having already filed a new suit, and since, the plaintiff states that there are inadvertent defects in the plaint, it would be appropriate to allow the plaintiff to withdraw CS No.141 of 2020. The points raised by the parties in CS 141 of 2020 are kept open.

CS 141 of 2020 is dismissed as withdrawn on the aforesaid terms. (DEBANGSU BASAK, J.) sp/