The High Court at Calcutta granted the plaintiff liberty to withdraw the suit and file afresh on the same cause of action. The suit was dismissed as withdrawn, and a connected application was declared infructuous.
Liberty to withdraw the suit and file a fresh suit on the selfsame cause of action.
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CD-23
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE
IA NO. GA/2/2022 In CS/229/2021
VRINDA ENGINEERS PRIVATE LIMITED Vs
HINDUSTAN CONSTRUCTION COMPANY LIMITED
BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 14th June, 2022.
Appearance:
Mr. Sounak Ghosh, Adv.
Mr. Manoj Kumar Tiwari, Adv. Mr. S. Sengupta, Adv. Ms. S. Mitra, Adv.
The Court: The plaintiff prays for liberty to withdraw the suit and file afresh. The defendant is represented and does not object to such withdrawal.
In view of the aforesaid, CS/229/2021 stands dismissed as withdrawn. Liberty is granted to the plaintiff to file a fresh suit on the selfsame cause of action.
All connected applications including GA/2/2022 stand dismissed as infructuous. Interim orders, if any, stand vacated.
(RAVI KRISHAN KAPUR, J.)
D.Ghosh
1 issue framed by the court
Whether the plaintiff is entitled to withdraw the filed suit and file a fresh one on the same cause of action.
VRINDA ENGINEERS PRIVATE LIMITED
HINDUSTAN CONSTRUCTION COMPANY LIMITED
RAVI KRISHAN KAPUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court