Itc Infotech India Ltd v. Mithun Sharma

OD-3 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE CS/187/2024 IA No. GA/1/2024, GA/2/2024 ITC INFOTECH INDIA LTD Vs MITHUN SHARMA

BEFORE:

The Hon'ble JUSTICE KRISHNA RAO Date : February 13, 2025.

Appearance :

Mr. Abhrajit Mitra, Sr. Adv.

Mr. Chayan Gupta, Adv.

Mr. Sourav Bhagat, Adv.

Mr. Jishnujit Roy, Adv.

Mr. Pourush Bandyopadhyay, Adv.

Ms. Yukti Agarwal, Adv.

Mr. Vidhya Bhusan Upadhyay, Adv.

... for the plaintiff Mr. Mithun Sharma, defendant ... appears in person The Court: Mr. Abhrajit Mitra, learned Senior Advocate, is appearing for the plaintiff.

Mr. Mithun Sharma, the defendant, is appearing in person. The defendant has filed an affidavit stating the following facts: "1. I am the defendant above named and I am well acquainted with the facts and circumstances of this instant case and I am competent enough.

2. That the defendant will not make any adverse remark against the plaintiff in any communication.

3. That the defendant will not make any disparaging and defamatory communication with the plaintiff and its sister concerns.

4. That the defendant will not claim further employment benefits and reinstatement in service from the plaintiff

and its client arising from his past employment with the plaintiff.

5. That the defendant will not publish or post any disparaging and defamatory statement either in the media, social media or by publication against the plaintiff.

6. The statements made in paragraph Nos.1 to 5 are true to my knowledge and respectful submissions before this Honourable High Court for withdrawal of this Law suit." Counsel for the plaintiff submits that as the defendant has filed affidavit stating the above facts and as such, the plaintiff is not willing to proceed further with the suit.

The affidavit filed by the defendant be kept with the record. Considered the submission made by the counsel for the plaintiff. Perused the affidavit filed by the defendant. CS/187/2024 is disposed of in terms of the affidavit filed by the defendant. The interim order dated 26th September, 2024 is made absolute.

Decree be drawn accordingly by making the affidavit filed by the defendant dated 5th February, 2025 as part of the decree. Consequently, all the interlocutory applications are also disposed of.

(KRISHNA RAO, J.) RS