Calcutta High CourtCS-COM/806/2024dismissed as infractuous

Saroj Devi Rathi v. Karnataka Bank Limited

2025-05-02Hon'Ble Justice Krishna Rao2 pages

OCD-9 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

COMMERCIAL DIVISION ORIGINAL SIDE CS-COM/806/2024 IA NO: GA-COM/1/2024, GA-COM/2/2025 SAROJ DEVI RATHI VS KARNATAKA BANK LIMITED

BEFORE:

The Hon'ble JUSTICE KRISHNA RAO Date: May 2, 2025.

Appearance:

Ms. Pritha Bhoumik, Adv.

... for the plaintiff Mr. Anirban Pramanick, Adv.

Ms. Bhagyashree Dey, Adv.

...for the defendant no. 1 Mr. Barnik Ghosh, Adv.

Mr. Samridddha Sen, Adv.

...for the defendant nos. 2 to 4

1. Ms. Pritha Bhoumik, learned Advocate, is appearing for the plaintiff.

2. Mr. Anirban Pramanick, learned Advocate, is appearing for the defendant no. 1.

3. Mr. Barnik Ghosh, learned Advocate is appearing for the defendant no. 2 to 4.

4. Counsel for the plaintiff has handed over a copy of the settlement agreement entered between the defendant No.2 company and the defendant No.3 and 4 who are the directors of the defendant No.2 company dated 20th March, 2025 wherein the disputes between the plaintiff and defendant Nos. 2 to 4 have been settled on the basis of the settlement entered between the plaintiff and the defendant Nos. 2 to 4.

5. The defendant No.1 bank, namely, Karnataka Bank Limited has also issued a letter dated 20th March, 2025 confirming that there is no dues in respect of the property in question and for releasing of the

document deposited by the defendant No.1 company, that is, the title deed dated 21st July, 2016 which is being handed over as per the Board Resolution dated 20th March, 2025.

6. Counsel for the plaintiff has also handed over the Board Resolution dated 20th March, 2025.

7. Counsel for the respective parties submits that as the parties have settled their disputes, nothing remains in the suit to decide further.

8. This Court finds that the suit filed by the plaintiff has become infructuous due to settlement arrived between the parties.

9. Accordingly, CS-COM/806/ 2024 is dismissed as infructuous.

10. The copy of the settlement agreement, communication dated 20th March, 2025 and Resolution dated 20th March, 2025 be kept with the records.

11. Consequently, all connected application being GACOM/1/2024, GA-COM/2/2025 also dismissed.

12. Interim order, if any, stands vacated.

(KRISHNA RAO, J.) S.De