Anjula Nagpal & ORS. v. Aba Builders Limited & ORS.

ODC-1 ORDER SHEET IA No. GA/3/2021 In CS/412/2014

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE ANJULA NAGPAL & ORS.

Versus

ABA BUILDERS LIMITED & ORS.

BEFORE :

The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA Date : 16th March, 2021 [Via video conference] Appearance:

Ms. Asmita Chakraborty, Adv.

Mr. Joydeep Mishra, Adv.

... for the plaintiffs Mr. Ratnanko Banerji, Sr. Adv.

... for the defendants The Court : This application has been made by the plaintiffs for leave to withdraw the present suit along with connected applications. Learned counsel appearing for the plaintiffs submits that the parties have settled their differences out of Court and relies on a communication given to the advocate of the plaintiffs to that effect. Learned senior counsel appearing for the defendants submits that the present application was in connection with a settlement arrived at between the parties before the Company Law Board sometime in September, 2011 - 2012 and

that the parties have indeed resolved their disputes by way of an out of Court settlement.

In view of the above position as submitted and in consideration of a Board Resolution of the plaintiff no.3 dated 3rd March, 2020 by which it was resolved that CS No.412 of 2014, being the present suit, together with all applications would not be proceeded with, this Court is of the view, leave, as prayed for, may be granted.

GA No.3 of 2021 is accordingly allowed.

CS No.412 of 2014 is dismissed as withdrawn.

Interim orders, if any, stand vacated.

Applications, if any, shall also dispose of by this order. (MOUSHUMI BHATTACHARYA, J.) RS