Court permitted the plaintiff to withdraw the plaint on the ground of lack of territorial jurisdiction, allowing the right to file a fresh suit on the same cause later if permissible in law.
Plaint with court fees returned to the proposed plaintiff.
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ORDER SHEET ODC-1
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION (COMMERCIAL DIVISION)
CS No. 298 of 2022 IN THE MATTERS OF: JHAVERI FLEXO INDIA PVT. LTD. VS GEE PEE FOODS PVT. LTD.
BEFORE:
The Hon’ble JUSTICE ARINDAM MUKHERJEE Date: 21st April, 2023.
Appearance: Mr. R.N. Bandyopadhyay, Adv. Mr. Piyush Kumar, Adv. For plaintiff
The Court :-The plaint has been filed in the computer department with requisite court fees and has been allotted a number. Prior to the plaint being presented, the proposed plaintiff has mentioned the matter that the proposed plaintiff is desirous in withdrawing the plaint as, according to the proposed plaintiff, this Court lacks territorial jurisdiction.
Considering such submission, let the plaint with the court fees be returned to the proposed plaintiff after completion of requisite formalities.
The proposed plaintiff will be entitled to file the suit on the selfsame cause, if permissible in law despite the withdrawal of the same.
(ARINDAM MUKHERJEE, J.)
sb/
GEE PEE FOODS PVT. LTD.
ARINDAM MUKHERJEE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
