Bimal Kumar Poddar & ORS v. Gopal Jhunjhunwalla & ORS

OD 5+6

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE CS/204/2017 GOPAL JHUNJHUNWALA & ORS.

VS BIMAL PODDAR & ORS.

CS/256/2018 BIMAL KUMAR PODDAR & ORS VS GOPAL JHUNJHUNWALLA & ORS

BEFORE:

The Hon'ble JUSTICE SUGATO MAJUMDAR Date 22nd April, 2025.

APPEARANCE:

Ms. Surabhi Banerjee,Adv.

Ms. Shristi Sharma,Adv.

..for the plaintiff in CS/204/2017 & for the defendant in CS/256/2018. 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:- This Court, in terms of the Order dated 30.1.2025 ordered that the suit be decreed on compromise in terms of the settlement contained in the supplementary affidavit. Inadvertently, the term "suit" was not mentioned. The two suits were pending, namely CS 204 of 2017 and CS 256 of 2018.

Clause 12 of the Terms of Settlement makes it clear that all the applications filed by the parties should be withdrawn. Therefore, in terms of the settlement, both the suits, namely CS 204 of 2017 as well as CS 256 of 2018 shall be withdrawn. To that extent the Order dated 31.1.2025 stands modified. Decree may be drawn up in respect of both the suits. (SUGATO MAJUMDAR, J.) S.Chandra