Sayantan Saha And ANR v. Rohit Chowdhury

OCD-4 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

COMMERCIAL DIVISION ORIGINAL SIDE CS-COM/143/2025 SAYANTAN SAHA AND ANR.

VS ROHIT CHOWDHURY

BEFORE:

The Hon'ble JUSTICE KRISHNA RAO Date : September 24, 2025.

Appearance:

Mr. Pijush Kanti Khanra, Adv.

Ms. Nibedita Chakraborty, Adv.

Mr. Somnath Khanra, Adv.

... for the plaintiffs

1. The plaintiffs have filed the present suit praying for a decree for a sum of Rs.5,55,00,000/- along with interest at the rate of 12 % per annum. The plaintiffs have also prayed for leave for dispensation of the provisions of Section 12A of the Commercial Courts Act, 2015.

2. Counsel for the plaintiffs prays for leave to withdraw the suit so as to enable the plaintiff to initiate pre-institution mediation process.

3. Accordingly, the plaintiffs are granted leave to withdraw the suit with liberty to take proper steps for initiation of pre-institution mediation process.

4. CS-COM/143/2025 is dismissed as withdrawn.

5. It is made clear that dismissal of the suit will not prevent the plaintiff to initiate further suit, if the matter is not settled in the mediation.

6. As at the time of admission the suit is dismissed as withdrawn, the department is directed to refund the Court fee to the plaintiffs. (KRISHNA RAO, J.) Sbghosh