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Calcutta High Court

Pincon Spirit Ltd vs Crisil Ltd on 2 February, 2015

Author: Soumen Sen

Bench: Soumen Sen

                                     ORDER SHEET
                                   GA No.206 of 2015
                                   GA No.261 of 2015
                                           With
                                    CS No.18 of 2015
                           IN THE HIGH COURT AT CALCUTTA
                            Ordinary Original Civil Jurisdiction
                                     ORIGINAL SIDE

                                   PINCON SPIRIT LTD.
                                         Versus
                                       CRISIL LTD.

   BEFORE:
  The Hon'ble JUSTICE SOUMEN SEN

Date : 2nd February, 2015.

Appearance:

Mr. Sudipto Sarkar Sr. Adv.
Mr. Prasanta Kr. Dutt, Adv.
Mr. Susanta Kr. Dutt, Adv.
The Court: By consent of the parties, this matter is taken up along with item no.47 being GA No.261 of 2015. Mr. Anirban Roy, learned Counsel appearing on behalf of the plaintiff, submits that the plaintiff was not aware of the agreement containing the jurisdiction clause which has been disclosed by the defendant in its application being GA No.261 of 2015 for revocation of leave under Clause 12 of the letters patent and dismissal of the suit on the ground that this Court has no jurisdiction. In view of the aforesaid leave is given to the plaintiff to withdraw the suit and to file a fresh suit on the self-same cause of action before the appropriate forum. The applications being GA No.206 of 2015, accordingly, stand disposed of. Since the suit is withdrawn no order is passed in GA No.261 of 2015. The said application is dismissed as infructuous.
Urgent certified website copies of this order, if applied for, be urgently supplied to the parties subject to compliance with all requisite formalities.
(SOUMEN SEN, J.) sp/