Gopal Jhunjhunwala & ORS. v. Bimal Poddar & ORS.

OD 11+12

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE CS/204/2017 IA NO: GA/1/2017(Old No:GA/3029/2017), GA/6/2018(Old No:GA/3490/2018), GA/10/2024 GOPAL JHUNJHUNWALA & ORS.

VS BIMAL PODDAR & ORS.

WITH CS/256/2018 IA NO: GA/1/2018(Old No:GA/3448/2018) IA NO: GA/1/2018(Old No:GA/3448/2018) BIMAL KUMAR PODDAR & ORS VS GOPAL JHUNJHUNWALLA & ORS

BEFORE:

The Hon'ble JUSTICE SUGATO MAJUMDAR Date : 31st January, 2025.

APPEARANCE:

Ms. Sulagna Mukherjee,Adv.

Ms. Surabhi Banerjee,Adv.

..for the plaintiff.

Mr. Pranit Bag,Adv.

Ms. Pooja Jewrajka,Adv.

Mr. Rahul Poddar,Adv.

...for intervener.

Mr. Ratul Das,Adv.

Ms. Richa Raman,Adv.

...for the plaintiff in CS 256/2018.

Mr. Ratul Das,Adv.

Ms. Richa Raman,Adv.

...for the defendant in CS 204/2017

The Court:- GA No. 10 of 2024 is filed jointly by the parties herein praying for passing decree on compromise in terms of the settlement filed herein. Since a Co-ordinate Bench refused to entertain and rejected the earlier terms of settlement, a fresh terms of settlement is filed. It is contended that the suit is outcome of misgivings between the parties. They now intend to compromise in terms of settlement. No allegation of fraud or existence of any circumstance vitiating consent, is pleaded.

Mr. Bag appears on behalf of Raj Kumar Rungta and Pradeep Agarwal whose intervention application was rejected earlier. Even though Mr. Bag raised his grievances and sought for ventilation of grievance. When the parties herein, with free mind, decided to settle the matter, third parties cannot stand on the way. Clients of Mr. Bag may file a separate suit or draw up separate proceeding for redressal of grievances. Let the suit be decreed on compromise in terms of settlement, contained in the supplementary affidavit. The said terms of settlement shall be part of the decree.

Let the suit be disposed of accordingly.

(SUGATO MAJUMDAR, J.) s.chandra