Haldiram Limited vs State Of West Bengal & Others on 30 April, 2009

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Calcutta High Court

Haldiram Limited vs State Of West Bengal & Others on 30 April, 2009

Bench: Ashim Kumar Banerjee

                                    GA No. 4008   of   2008
                                    APO No. 359   of   2008
                                    APOT No.400   of   2008
                                    WP No. 163    of   2008

                               IN THE HIGH COURT AT CALCUTTA

                               Civil Appellate Jurisdiction

                                       ORIGINAL SIDE




      HALDIRAM LIMITED                                 Plaintiff/Petitioner/Applicant

          Versus

      STATE OF WEST BENGAL & OTHERS                    Defendant/Respondent

For Plaintiff/Petitioner : Mr. P. C. Sen, Sr.Adv.

Mrs. Manju Agarwal, Adv.

      For KMDA                    : Mr. Moloy Kumar Basu, Sr.Adv.
                                    Mr. P.S. Basu, Adv.

      For State/Respdt.           : Mr. K.N.Mukherjee, Adv.

      BEFORE:

The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE PRASENJIT MANDAL Date : 30th April, 2009.

The Court : The writ petition filed by the appellant was dismissed by the learned Single Judge, inter alia, on the ground that the dispute involved in the writ petition was commercial in nature and the Civil Court was the appropriate forum for adjudication of such controversy.

Being aggrieved by the judgment and order of the learned Single Judge, the appellant preferred the instant appeal which was heard by us on April 20 and 29, 2009.

Today, when the matter is called on, Mr. P. C. Sen, learned Senior Counsel appearing for the appellant, on instruction contends that the appellant 2 is prepared to approach the Civil Court for redressal of their grievance and, as such, he wants to withdraw this appeal with liberty to approach the Civil Court on the selfsame cause of action.

Mr. Moloy Kumar Basu, learned Senior Counsel appearing for the KMDA, on instruction volunteers that KMDA would not take any punitive measure for dispossessing the appellant or taking any other step in terms of the order of termination issued by the KMDA for a period of 3 weeks to enable the appellant to approach the Civil Court in the meantime.

The appeal is dismissed as withdrawn with liberty to approach the Civil Court on the selfsame cause of action.

There will be no order as to costs.

In view of the order passed above, no order is passed on the application, being GA 4008 of 2008, and the same is disposed of without any order as to costs.

Let an urgent xerox certified copy of this order be given to the parties, if applied for, upon compliance of all formalities.

(ASHIM KUMAR BANERJEE, J.) (PRASENJIT MANDAL, J.) rnc.

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