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2024 DAILYLAW 1909 (CAL)

DADU DAYAL COMMOTRADE LTD AND ANR v. AMOORITH PIPES AND TUBES PVT LTD AND ANR

AP-COM/405/2024 · 2026-02-05

Shampa Sarkar

body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

OCD 1 ORDER SHEET AP-COM/405/2024 IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION ORIGINAL SIDE DADU DAYAL COMMOTRADE LTD AND ANR. VS AMOORITH PIPES AND TUBES PVT LTD AND ANR. BEFORE: The Hon'ble JUSTICE SHAMPA SARKAR Date: 5th February, 2026. Appearance: Mr. Aritra Basu, Adv. Ms. Sudipa Bhattacharya, Adv. . . .for the petitioner. Mr. Rudraman Bhattacharyya, Sr. Adv. Mr. Rohit Banerjee, Adv. Mr. Suryannel Das, Adv. Mr. Aditya Mondal, Adv. Mr. Chiranjit Pal, Adv. Mr. Aditya Roy, Adv. . . .for the respondent. The Court: 1. Petitioners do not want to proceed with the matter. Mr. Bhattacharjee, learned senior advocate for the respondent submits that by such withdrawal, the petitioners shall try to agitate all those points which were raised in this application, once again before the learned Arbitrator who is in seisin of the disputes between the parties. It is submitted that the same issues were sought to be raised before the learned Arbitrator by way of a counter claim, which was not permitted. 2 2. The petitioners have simpliciter made a prayer before this Court for withdrawal, inter alia, stating that they do not want to press this application. Thus, this application is dismissed as not pressed. 3. If the petitioners try to re-agitate the issues involved in this application before the learned Arbitrator, it is open for the respondent to raise objections, with regard to the consequence of dismissal of this application. (SHAMPA SARKAR, J.) SP/