M/S. Europcell Gmbh v. Statesman Ltd.

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE (Via Video Conference) G.A. No. 764 of 2020 Newly numbered as G.A. No. 2 of 2020 With C.S. No. 224 of 2005 With E.C. No. 615 of 2014 M/S. EUROPCELL GMBH

Versus

STATESMAN LTD.

BEFORE:

The Hon'ble JUSTICE DEBANGSU BASAK Date : 13th October, 2020.

Appearance:

Mr. R.K. Khanna, Adv.

Mr. S. E. Huda, Adv.

...for the petitioner Ms. Amrita Pandey, Adv.

...for the respondent The Court: The plaintiff seeks recalling of the order dated January 14, 2020 passed in execution case no. 615 of 2020. Learned Advocate appearing for the plaintiff submits that, the earlier execution petition was dismissed as withdrawn with liberty to file afresh on the self same cause of action upon depositing a sum of Rs.10,000/- with the West Bengal Legal Services Authority, Kolkata. The petitioner complied with such order.

The defendant is represented.

In such circumstances, since the plaintiff deposited a sum of Rs.10,000/- with the West Bengal Legal Services Authority, Kolkata, it is for the plaintiff to decide its next course of action in terms of the order dated January 14, 2020. There is no necessity of recalling the order dated January 14, 2020.

Since the Court did not invite any affidavits, allegations made in the applications are deemed to be denied by the defendant. Old G.A. No. 764 of 2020, newly numbered as G.A. No. 2 of 2020 in E.C. No. 615 of 2014 is disposed of.

(DEBANGSU BASAK, J.) TO