Dismissed

Tagore Society for Rural Development v. Mr. Kazi Masum Akhter and Ors.

Calcutta HC27 Sept 2023CS/304/2022

Case brief

AI extract

What is this about?

The court dismissed the suit filed by the plaintiff along with connected applications as withdrawn. The withdrawal was accepted based on an out-of-court settlement reached by the parties and resolved via a Board of Management meeting.

What did the court decide?

Suit and connected applications dismissed; interim order vacated; contempt application preponed.

Tagore Society for Rural Development Vs Mr… — Civil Procedure and Limitation | Calcutta HC (2023)

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OD-6

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IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE

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IA NO.GA 4 OF 2023 IN

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CS 304 OF 2022 IN THE MATTER OF: TAGORE SOCIETY FOR RURAL DEVELOPMENT VS MR. KAZI MASUM AKHTER & ORS.

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BEFORE:

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The Hon'ble JUSTICE ARINDAM MUKHERJEE Date : 27^th September, 2023.

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Appearance: Mr. Sooumya Das Gupta, Adv. Mr. Avirup Chatterjee, Adv. Ms. Tanuta Guray, Adv. Ms. M. Jana, Adv. For plaintiffs Mr. Partha Sarathi Bhattacharyay, Sr.Adv. Mr. Arindam Sen, Adv. Mr. Raju Bhattacharya, Adv. For defendant nos.2,5 and added party Mr. Arjun Samanta, Adv. Mr. Saptarshi Kr. Mal, Adv. Defendant no.3.

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The Court : Affidavit of service filed in Court today is taken on record.

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This is an application by the plaintiff for withdrawal of the suit under the provisions of Order XXIII Rule 1 of the Code of Civil Procedure, 1908 without leave to file afresh.

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Considering the statements made in the said application and hearing the defendants, it appears that the parties have entered into an out of Court

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settlement by resolving all disputes being the subject matter of the suit as specified in the minutes of the meeting of the Board of Management of Tagore Society for Rural Development held on 21^st August, 2023 at 46B, Arabinda Sarani, Kolkata – 700 005 at 2.30 PM. A copy of the minutes is annexed to this application and marked with Annexure- “A”.

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Considering the aforesaid facts and circumstances, the suit being CS 304 of 2022 is treated as on the day’s list, by consent of the parties, and is dismissed as withdrawn.

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With the withdrawal of the suit, all connected applications stand disposed of without any further order. Interim order, if any, stands vacated.

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Since the parties have settled the disputes and the plaintiff has withdrawn the suit, the contempt petition being CC 10 of 2023 has also spent its force. The contempt application being CC 10 of 2023, which is returnable on 23^rd November, 2023, is preponed and shall appear on 29^th September, 2023, by consent of the parties.

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(ARINDAM MUKHERJEE, J.)

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sb/

Tagore Society for Rural Development v. Mr. Kazi Masum Akhter and Ors.

Case brief

What is this about?

What did the court decide?

Tagore Society for Rural Development v. Mr. Kazi Masum Akhter and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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