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Calcutta High CourtCS/162/2024dismissed as non prosecution

Vidyut Saraf And ANR v. Edenic Propbuild Pvt Ltd. And ORS

2025-11-12Hon'Ble Justice Arindam Mukherjee2 pages

OD-3 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE CS/162/2024 IA No. GA/1/2024, GA/3/2024 VIDYUT SARAF & ANR.

VERSUS

EDENIC PROPBUILD PRIVATE LIMITED & ORS.

BEFORE:

The Hon'ble JUSTICE ARINDAM MUKHERJEE Date: 12th November, 2025.

Mr. Jishnu Chowdhury, Sr. Adv., Mr. Shwetank Ginodia, Adv. for plaintiffs. Mr. Anunoy Basu, Mr. Soumabho Ghose, Advocates . . . for defendant nos. 2 & 3.

The Court:- The suit has appeared in the list on having been mentioned by the plaintiffs and defendant nos.2 and 3 that a settlement has been arrived at between them. The defendant nos.1 and 4 had never appeared to contest the interlocutory applications. The plaintiffs and the defendant nos.2 and 3 have placed before the Court a document titled as 'Terms of Settlement' which has been signed by the plaintiffs and the defendant nos.2 and 3 and their respective advocates. The defendant nos.1 and 4, however, are not signatories to the said document. Since the plaintiffs volunteer that pursuant to the aforesaid settlement the suit has become infructuous and they are no more interested to proceed with the same against all the defendants including the defendant nos.1 and 4 which

fact is categorically recorded in one of the paragraphs of the said document, the question of keeping the suit pending even though the defendant nos.1 and 4 are not signatories to the same will be of no consequence. In the aforesaid facts and circumstances, the document titled as 'Terms of Settlement' which has been stamped and punched on 10th November, 2025 is retained with the records. The suit stands dismissed for non-prosecution. Since the suit is being dismissed as withdrawn, all applications filed therein stand disposed of.

Interim order, if any, passed in the interlocutory application also stands discharged.

(ARINDAM MUKHERJEE, J.) pa