Research › Search › Judgment

High Court of Sikkim · body

2025 DAILYLAW 66 (SIK)

Sikkim Tobacco Pvt. Ltd. v. K.B. Biswakarma and Ors.

CRP/5/2024 · 2025-05-07

Meenakshi Madan Rai

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Court No.2 HIGH COURT OF SIKKIM Record of Proceedings CRP No.05 of 2024 SIKKIM TOBACCO PVT. LTD. PETITIONER/REVISIONIST VERSUS K. B. BISWAKARMA AND OTHERS RESPONDENTS Date: 07.05.2025 CORAM: THE HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE For Petitioner/Revisionist Mr. Yashir N. Tamang, Advocate. Mr. Zamyang N. Bhutia, Advocate. For Respondents R-1 Ms. Hemlata Sharma, Advocate on behalf of Mr. M. N. Dhungel, Advocate (Legal Aid Counsel). R-2, R-3 & R-5 None present. R-4 & R-6 Mr. Passang Tshering Bhutia, Advocate. ORDER Learned Counsel for the Respondent No.6 submits that Respondent No.4 is the mother of Respondent No.6 and he accepts Notice on her behalf as well. Respondents No.2 and 5 has been served as seen from the Order dated 03-04-2025. Notice issued to Respondent No.3 has been “delivered”. Learned Counsel appearing on behalf of Learned Counsel for the Respondent No.1 submits that the Counsel on record is in Vellore, Tamil Nadu, for his wife’s medical treatment. I.A. No.01 of 2025 is an application under Order XXIII Rule 1 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter, the “CPC”), filed by the Revisionist. Heard Learned Counsel for the parties. Learned Counsel for the Revisionist submits that the present Civil Revision Petition being CRP No.05 of 2024, has been filed assailing the Order of the Learned District Judge, Pakyong, Sikkim, in Money Suit No.150 of 2023, dated 07-06-2024, whereby the application filed by the Revisionist under Order VII Rule 11 of the CPC, seeking rejection of the Plaint, was dismissed. That, during the pendency of the present proceeding, the Revisionist and the Respondent No.1 have entered into an amicable settlement out of Court, vide the Agreement, dated 15-12- 2024, resolving all disputes between them. That, in view of the settlement between the parties i.e., the Revisionist and the Respondent 2025:SHC:37 Court No.2 HIGH COURT OF SIKKIM Record of Proceedings No.1, the Revisionist seeks to withdraw the instant Civil Revision Petition. Learned Counsel representing the other parties have no objection to the submissions put forth and the settlement arrived at between the Revisionist and the Respondent No.1. Having given due consideration to the submissions of the Learned Counsel for the parties and in view of the fact that a copy of the Agreement, dated 15-12-2024, which it is submitted is in the knowledge of all the parties to the instant Revisions Petition, has been placed on record. CRP No.05 of 2024 stands disposed of as withdrawn. Pending applications, if any, also stand disposed of. Judge 07.05.2025 ds/sdl 2025:SHC:37