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Judgment
Debangsu Basak, J.:-
Appeal is directed against an order dated June 25, 2026 passed by the learned City Civil Court at Calcutta in Misc. Case No. 6030 of 2026.
Learned advocate appearing for the respondent submits that the respondent withdrew the Misc. Case No. 6030 of 2026 in which the impugned order was passed.
Learned advocate appearing for the appellants submits that, although the Misc. Case was withdrawn, Receiver appointed by the impugned order was not discharged.
It appears from the materials made available on record that the appellant impugned the order dated June 25, 2026 passed in Misc. Case No. 6030 of 2026 by the learned 13th Bench, City Civil Court at Calcutta.
By such order, learned Judge exercised jurisdiction under Section 9 of the Arbitration and Conciliation Act, 1996 and appointed a Receiver over the assets.
The Receiver approached the Court and withdrew the proceeding under Section 9 of the Act, 1996 being Misc. Case No. 6030 of 2026. By the Order No. 6 dated September 21, 2026, the learned Judge allowed withdrawal of Misc. Case No. 6030 of 2026 without any liberty to sue afresh on the selfsame case of action.
In view of the learned Trial Judge passing the Order No. 6 dated September 21, 2026, we are of the view that the order impugned before us dated June 25, 2026 does not survive. Consequently, the Receiver appointed will also stand discharged.
FMAT 387 of 2026 and the connected applications being CAN 1 of 2026 and CAN 2 of 2026 are disposed of.
I agree