Calcutta High Court
Zenith Timber Products Pvt. Ltd. & Ors vs Uco Bank on 29 March, 2010
Author: Maharaj Sinha
Bench: Maharaj Sinha
CS 45 of 2010
IN THE HIGH COURT AT CALCUTTA
ORIGINAL SIDE
ZENITH TIMBER PRODUCTS PVT. LTD. & ORS.
VERSUS
UCO BANK
BEFORE :
THE HON'BLE JUSTICE MAHARAJ SINHA
DATE : 29March 2010.
Mr. Reetabrata Mitra,advocate appears. Mr. Dipak Dey,advocate appears.
Mr. Pradyut Kr. Das,advocate appears.
THE COURT :- Mr. Dipak Dey,learned advocate appearing on behalf of the plaintiffs, submits that the plaintiffs are not interested to proceed with the suit any further. In view of such submission, the suit is dismissed for non-prosecution.
Interim order, if any, is vacated.
There will be no order as to costs.
Since the suit was instituted only in 2010 and the suit is dismissed for non-prosecution on the instruction of the plaintiffs, the plaintiffs will be entitled to refund of the court fees paid for the purpose of institution of the suit.
Liberty, as prayed for on behalf of the plaintiffs, is granted to file a fresh suit on the self-same cause of action, if so advised. 2
This order is made treating the suit as on the day's list. The letter written by the advocate-on-record of the plaintiffs to the advocate-on-record of the defendant giving the instruction for withdrawal of the suit is kept on record duly countersigned.
All parties are to act on a xerox signed copy of this order on the usual undertakings.
(MAHARAJ SINHA,J.) S. Chandra AR(CR)