Orient Exports Pvt Ltd v. Md And Ceo Islami Bank Bangladesh Ltd And ANR

OCD-14 ORDER SHEET IA No.GA 1 of 2023 In CS 204 of 2023

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE (COMMERCIAL DIVISION) ORIENT EXPORTS PRIVATE LIMITED VS.

MD & CEO, ISLAMI BANK BANGLADESH LIMITED & ANR.

BEFORE:

The Hon'ble JUSTICE ARINDAM MUKHERJEE Date: 20th November, 2023.

Mr. Rupak Ghosh, Mr. Aritra Basu, Mr. Abhik Chitta Kundu, Advocates for plaintiff.

Mr. Nirmalya Dasgupta, Mr. J. Patnaik, Mr. Dibanath Dey, Advocates for defendant no.1.

The Court : It is submitted on behalf of the plaintiff that the price of goods covered by two Letters of Credit bearing no.087323010306 dated 16th March, 2023 and 087323010351 dated 2nd April, 2023 have been duly received by the plaintiff from the defendant no.1 on behalf of the defendant no.2. This fact is accepted by the defendant no.1 bank. After hearing the parties and considering the instruction received by the learned Advocate for the plaintiff which is placed before the Court and taken on record it appears that nothing further remains to be adjudicated in the suit. The parties present before the Court also agrees to the same. The defendant no.2 being the importer has no grounds in this suit to oppose the payment already made.

By consent of parties, the suit being CS 204 of 2023 is treated as on the day's list and is dismissed for non-prosecution. All connected applications are automatically disposed of and the interim order passed therein stands vacated.

(ARINDAM MUKHERJEE, J.) pa