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Calcutta High CourtAS-COM/3/2024dismissed as withdrawn

Faction Co. Ltd. v. The Charterers Parties Interested In The Vessel M. T. Bd 51 (Imo No 9505003) And ANR.

2025-10-14Hon'Ble Justice Ajay Kumar Gupta2 pages

OD - 1 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

(COMMERCIAL DIVISION) ORIGINAL SIDE AS-COM/3/2024 IA NO: GA-COM/1/2024, GA-COM/2/2025 FACTION CO. LTD.

VS THE CHARTERERS PARTIES INTERESTED IN THE VESSEL M. T. BD 51 (IMO NO. 9505003) AND ANR.

BEFORE:

The Hon'ble JUSTICE AJAY KUMAR GUPTA Date : 14th October, 2025.

(Vacation Bench) Appearance:

Mr. Partho Bhattacharya, Adv.

Mr. Saikat Mukherjee, Adv.

... for the plaintiff Mr. Jayanta Samanta, Adv.

Mr. Anand Kumar Singh, Adv.

Mr. Subir Sabud, Adv.

... for the defendant no.2 The Court :- Mr. Bhattacharya, learned Counsel appearing on behalf of the plaintiff/petitioner submits that his client does not wish to proceed with the instant case and he has received written instruction in this regard. Let the written instruction addressed to the learned Counsel be taken on record.

Accordingly, AS-COM/3/2024 stands dismissed as withdrawn. On the other hand, learned Counsel appearing on behalf of the respondent/defendant submits that vide Judgment and Order dated 19th December, 2024, the respondent/defendant No. 2 had deposited a sum of

Rs. 6 Crore with the Registrar, Original Side, High Court and an intimation was also given to the Advocate-on-Record for the plaintiff. The respondent/defendant No. 2 is at liberty to withdraw the said deposited amount upon compliance of all legal formalities. With the above observation, the connected applications being GACOM/1/2024 and GA-COM/2/2025 are also disposed of. Parties shall act on the server copy of the order. The copy of the judgment of the Division Bench dated 19th December, 2024 is taken on record.

(AJAY KUMAR GUPTA, J.) S. A.

AR (CR)