M/S. Amgoorie India Ltd v. Asia Mudgi and 3 Ors

O R D E R

29.05.2024

This is an application under Article 227 of the Constitution challenging the order dated 29.09.2018 whereby the application filed under Order XXIII Rule 1 of the Code of Civil Procedure, 1908 (for short, 'the Code') for withdrawal of the suit with liberty to re-file was rejected.

¶2This Court duly perused the said order dated 29.09.2018 as well as also the application which was so filed. From a conjoint reading of both the application as well as the impugned order, it reveals that the ground stated therein was that a photocopy of the Power of Attorney was exhibited and not the original Power of Attorney for which the plaintiff wanted to withdraw the suit that too when the suit has reached the argument stage.

¶3In the opinion of this Court, the same neither constitutes a sufficient Page No.# 3/3 cause nor does it amount to a formal defect within the ambit of Order XXIII Rule 1 of the Code. The learned Trial Court has duly considered the said aspect of the matter in passing the impugned order, and as such, this Court finds no jurisdictional error in passing of the said order for which the instant petition stands dismissed.

¶4This Court further vacates the order dated 12.06.2019 and taking into account that parties are duly represented, they are directed to appear before the learned Trial Court on 19.06.2024.

¶5The learned Trial Court thereupon shall proceed with the adjudication of the said suit in accordance with law.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010109142019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o ooooooooooooooooooooooooooooooooooooooooooooooooooCaseoNo.o:oCRP(IO)/409/2018 M/S.oAMGOORIEoINDIAoLTD. AoCOMPANYoDULYoINCORPORATEDoUNDERoCOMPANIESoACTo1956oHAVINGo ITSoOFFICEoAToKOMBERoTEAoWAREHOUSE oJAWAHARNAGAR oN.H.o37 oGUWAHATI oASSAMoANDoHAVINGoITSoTEAoESTATEoI.E.oBORBAMoTEAoGARDEN oP.O.oAMGURI oHALWATING oINoTHEoDIST.oOFoSIVASAGAR oASSAM oVERSUS ASIAoMUDGIoANDo3oORS. W/OoLATEoMANIKoMUDGIo R/OoBORBAMoT.E.o P.O.oAMGURIo P.S.oAMGURIo DIST.oSIVASAGAR oASSAM 2:SRIoGANGADHARoMUDGI S/OoLATEoMANIKoMUDGIo R/OoBORBAMoT.E.o P.O.oAMGURIo P.S.oAMGURIo DIST.oSIVASAGAR oASSAM o3:MISS.oGAYATRIoMUDGI D/OoLATEoMANIKoMUDGIo R/OoBORBAMoT.E.o P.O.oAMGURIo Page No.# 2/3 P.S. AMGURI DIST. SIVASAGAR ASSAM 4:MRS. SUMAN MUDGI D/O LATE MANIK MUDGI W/O RAJESH SIK R/O POHUCHUNGI GAON P.O. MACKEYPUR P.S. NAZIRA DIST. SIVASAGAR ASSAM. ------------ Advocate for : MR G N SAHEWALLA Advocate for : MR. A R SHOME (r-2 4) appearing for ASIA MUDGI AND 3 ORS. BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH