Dismissal of suit CS/122/2019 for default due to plaintiff's non-appearance at hearing despite notice. Interim orders vacated; defence application disposed of.
CS/122/2019 is dismissed for default. GA/1/2022 is disposed of. Interim orders are vacated.
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O-39
ORDER SHEET
IA No. GA/1/2022 In CS/122/2019
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE
UNION OF INDIA, MINIS. OF RAILWAYS AND ANR. VS ADHUNIK ALLOYS AND POWER LTD. AND ORS.
BEFORE:
The Hon’ble JUSTICE KRISHNA RAO Date : January 4, 2023.
Appearance : Mr. Anuj Singh, Adv. Mr. Aman Agarwal, Adv. Mr. Siddhartha Roy, Adv. Ms.Trinisha De, Adv. … for the defendant nos. 1 and 8.
The Court: None appears on behalf of the plaintiffs. Counsel for the defendant nos. 1 and 8 is present.
The matter was listed on 29th November, 2022 and on the said date also none appeared on behalf of the plaintiffs. Vide order dated 29th November, 2022 it was categorically mentioned that in case none appears on behalf of the plaintiffs in spite of receipt of notice, appropriate orders will be passed.
Counsel for the defendant nos. 1 and 8 submits that the defendant nos. 1 and 8 has filed an application being GA/1/2022 praying for rejection of the plaint. Counsel for the defendant nos. 1 and 8 further submits that in compliance with the order dated 29th November, 2022, the defendant nos.1
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and 8 has informed the date of hearing to the advocate on record of the plaintiff and has filed an affidavit of service.
Let the affidavit of service be kept with the record.
It appears that in spite of the information about the date of hearing, none appears on behalf of the plaintiffs and no accommodation is sought for on their behalf.
In view of the above, this Court finds that the plaintiffs are not interested to proceed with the matter and as such, this Court has no other alternative but to dismiss CS/122/2019. Accordingly, CS/122/2019 is dismissed for default.
Interim order, if any, shall stand vacated.
As the suit is dismissed for default, GA/1/2022 is disposed of.
(KRISHNA RAO, J.)
RS
ADHUNIK ALLOYS AND POWER LTD. AND ORS.
KRISHNA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
