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Calcutta High CourtAP/729/2023dismissed as withdrawn

Biswadeep Chakraborty v. Ms. Sonali Pal Chowdhury And ANR

2024-01-10Hon'Ble Justice Moushumi Bhattacharya2 pages

OCD-3 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE (Commercial Division) AP/729/2023 BISWADEEP CHAKRABORTY VS MS. SONALI PAL CHOWDHURY AND ANR

BEFORE:

The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA Date : 10th January, 2024.

Appearance:

Mr. Satadeep Bhattacharya, Adv.

Mr. Ishaan Saha, Adv.

Mr. K. Sharma, Adv.

...for the petitioner Mr. Saunak Mitra, Adv.

...for the respondents The Court: The two points of objection taken on behalf of the respondents namely that the Section 21 notice was not served on the respondents and second that the dispute is not a Commercial dispute is answered thus.

Learned counsel appearing for the petitioner does not have any objection to having the matter listed before the Non-Commercial Division of this Court. Learned counsel appearing for the petitioner also produces a document on the first point, that is, proof of service of the Section 21 notice to the respondents. The fact whether the Section 21 notice was indeed served on the respondents can be gone into at an appropriate stage.

The petitioner is given leave to withdraw the present petition and file the same before the Non-Commercial Division of this Court. AP/729/2023 is accordingly dismissed as withdrawn. (MOUSHUMI BHATTACHARYA, J.) T.O.

A.R.(C.R.)