Steel Authority of India Limited v. Khaitan Winding Wire P Limited
Case brief
What is this about?
Withdrawal of appeal permitted; condonation of delay (Section 5) application, proposed appeal and proposed stay application dismissed on withdrawal; liberty to seek recall of ex-parte decree before the Learned Single Judge; parties: Steel Authority of India Limited (appellant — Kaustav Banerjee, Pia Kundu, Advs.) v. Khaitan Winding Wire P Limited (respondent — Arindam Guha, Shuvasish Sengupta, Shalini Dey, Advs.); forum: High Court at Calcutta, Commercial Appellate Division, Original Side; case: APDT/17/2025 with CS/182/2007, IA Nos. GA-COM/1/2025, GA-COM/2/2025; bench: Arijit Banerjee J. (dictated) and Rai Chattopadhyay J.; decision date: July 7, 2025; keywords: ex-parte decree, recall, condonation of delay, Section 5, withdrawal of appeal, liberty to apply.
What did the court decide?
Leave to withdraw the Section 5 application (condonation of delay), the proposed appeal and the proposed stay application, which stand dismissed accordingly; liberty expressly preserved for the appellant to approach the Learned Single Judge with an appropriate application for recall of the ex-parte decree if entitled in law.