Rsd Natural Resources Private ... vs Abci Infrastructure Private ...
2022 Latest Caselaw 2403 Cal/2

ORDER SHEET
                                                                             OC-14
                           IA No. GA/1/2022
                                   In
                             CS/143/2022
                   IN THE HIGH COURT AT CALCUTTA
                 ORDINARY ORIGINAL CIVIL JURISDICTION

               RSD NATURAL RESOURCES PRIVATE LIMITED
                              VERSUS
                ABCI INFRASTRUCTURE PRIVATE LIMITED

 BEFORE:
 The Hon'ble JUSTICE ARINDAM MUKHERJEE
 Date: 12th September, 2022.
                                                                       Appearance:
                                                       Mr. Satyaki Mukherjee, Adv.
                                                                Mr. Lalit Baid, Adv.
                                                         Ms. Tomoghna Saha, Adv.
                                                        For the plaintiff/petitioner.

                                                             Mr. Swapna Das, Adv.
                                                    For the defendant/respondent.

The Court :- It is submitted by the plaintiff/petitioner that

subsequent to the filing of the suit the defendant/respondent has paid and

the plaintiff/petitioner has received substantial amount of the

plaintiff's/petitioner's claim on account of unrealized price of goods, sold

and delivered by the plaintiff/petitioner to defendant/respondent. After

adjustment of the amounts paid subsequent to the filing of the suit, though

there is some outstanding, according to the plaintiff/petitioner, but the

plaintiff/petitioner does not want to proceed any further with the suit for

realizing such claim.

By consent of the parties, the suit is treated in the day's list and is

dismissed as withdrawn without any order as to costs.

The application being IA No. GA/1/2022 filed by the

plaintiff/petitioner which is appearing in the list is also disposed of in view

of the dismissal of the suit.

The suit was filed on or about 7th June, 2022. The parties have

settled their disputes within three months from the date of filing of the suit.

In view of the ratio laid down in the judgment reported in (2021) 3

SCC 560 (High Court of Judicature at Madras Vs. M. C. Subramaniam

and Others) and applying the same in the context of Section 20A of the

West Bengal Court Fees Act, 1970 since the said provision is pari materia to

the provisions under Section 69A of the Tamil Nadu Court Fees and Suit

Valuation Act 1955, I wish to extend the incentive to the plaintiff/petitioner

in having the suit settled out of Court within three months from the date of

filing of the suit as a re-award for such expeditious settlement. The

plaintiff/petitioner will be entitled to refund of the entire Court fees.

Since the suit is dismissed as withdrawn, all other connected

applications stand dismissed.

Interim orders, if any, passed in such application(s) also stand

vacated.

(ARINDAM MUKHERJEE, J.)

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