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Calcutta High CourtAPOT/300/2023disposed

Machinery Agencies And Another v. Abhinandan Chopra And Another

2024-01-15Hon'Ble Justice I. P. Mukerji,Hon'Ble Justice Biswaroop Chowdhury2 pages

IA No. GA 1 of 2023 APOT No. 300 of 2023 with AP No. 445 of 2023 AP No. 438 of 2023

IN THE HIGH COURT AT CALCUTTA

In appeal from its ORDINARY ORIGINAL CIVIL JURISDICTION CIVIL APPELLATE JURISDICTION (Commercial Division) Machinery Agencies & Anr.

Versus

Abhinandan Chopra & Anr.

Before:

The Hon'ble Justice I. P. MUKERJI And The Hon'ble Justice BISWAROOP CHOWDHURY Date: 15th January 2024 Appearance:

Mrs. Manju Agarwal, Advocate Ms. Anju Manot, Advocate Mr. Rishi Agarwal, Advocate for the appellants Mr. Subhankar Das, Advocate Ms. Shreya Ghosh, Advocate for the respondents The Court: The parties have resolved their dispute, out of court. They have executed a document described as "Memorandum of Understanding" on 15th December 2023 signed by all the parties as partners of the firm Machinery Agencies (India). A copy of the said memorandum of understanding dated 15th December 2023 is accepted and taken on record. It is the common stand taken by learned counsel for the parties that this memorandum of understanding not only disposes of the appeal but also the following proceedings: "(i) A.P. No. 438 of 2023 (Abhinandan Chopra & Another Vs. Pushpa Devi Chopra);

(ii) A.P. No. 445 of 2023 {Machinery Agencies (India) & Another Vs. Abhinandan Chopra & Another];

(iii) A.P.O.T. No. 300 of [Machinery Agencies (India) & Another Vs. Abhinandan Chopra & Chopra];"

We record the above and on the joint prayer of the parties the applications AP No. 438 of 2023 is treated as on the day's list. The applications (AP No. 445 of 2023 and AP No. 438 of 2023) are dismissed as withdrawn.

The appeal (APOT 300 of 2023) and the stay application (IA No. GA 1 of 2023) are disposed of.

As affidavits have not been invited, allegations contained in the stay application are deemed not to have been admitted. (I. P. MUKERJI, J.) (BISWAROOP CHOWDHURY, J.) R. Bose