This court held that the appeal was wrongly filed; dismissed the appeal and connected application as withdrawn, allowing the appellants to approach the appropriate forum.
The appeal and connected application were dismissed as withdrawn.
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08 29.11. 2022
Ct. No. 37
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction (Commercial Division).
Ab
FMAT 455 of 2022 IA No. CAN 1 of 2022
M/s. Xclusive Inn Private Limited and another Vs. Anjana Guha and others.
Mr. Prashant Kumar Singh. … for the appellants.
Mr. Ashok Kumar Roy, Mr. Ashim Roy, Mr. Sutany Chakrabarti.
… for the respondent no. 1 to 3.
Mr. Prashant Kumar Singh, learned Advocate appearing for the appellants, submits on instruction that his clients do not intend to proceed with the instant appeal and prays for withdrawal thereof. It is further submitted that the instant appeal has been wrongly filed whereas the remedy lies in moving the appropriate forum.
In view of the above, let the appeal and the connected application be dismissed as withdrawn. However, withdrawal of the instant appeal shall not stand in the way of the appellants to ventilate the selfsame grievance before the appropriate forum.
The Assistant Court Officer is directed to return the certified copy of the impugned order to the Advocate-onRecord of the appellants upon replacement with photocopy thereof.
(Harish Tandon, J.)
(Prasenjit Biswas, J.)
2
M/s. Xclusive Inn Private Limited
Anjana Guha
Harish Tandon
Prasenjit Biswas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
