The High Court at Calcutta allowed the plaintiff to withdraw its filed plaint before presentation. The court directed the return of court fees and the de-registration of the plaint from the records.
Withdrawal of plaint allowed; court fees returned to plaintiff; plaint de-registered.
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OCD-1
ORDER SHEET
CS 174 of 2023 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE (COMMERCIAL DIVISION)
TRANSAFE SERVICES LIMITED VS. M S THIRUPPATHI & ANR.
BEFORE:
The Hon’ble JUSTICE ARINDAM MUKHERJEE Date: 25th September, 2023.
Mr. Aritra Basu, Mr. Sayantan Chatterjee, Mr. Altamash Alim, Mr. Sumit Biswas, Ms. Rajashree Bhowmick, Advocates for plaintiff.
The Court : The plaint has been filed only in the computer department and has appeared in the list for presentation and admission after a suit number has been allotted. The plaintiff does not wish to present the plaint and seeks withdrawal of the same.
The plaint is allowed to be withdrawn. Since the plaint has not entered the records of this Court which takes place only after the same being presented and admitted, the court fees also is directed to be returned to the plaintiff. The plaintiff shall be entitled to use the court fees in any suit that may be filed on the self-same cause against the same set of defendants if permissible in law.
The department is directed to de-register the plaint.
(ARINDAM MUKHERJEE, J.)
pa
M S Thiruppathi
Arindam Mukherjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
