Item No.4

10.01.2025 Court. No. 36 GB CAN 1 of 2024 In C.O. 70 of 2024 Atibir Industries Co. Ltd. & Ors.

VS Shree Ganesh Roadlines Represented by Vivek Chaudhury Mr. Krishnendu Goopta, Mr. Kanakendu Chatterjee … for the Petitioners.

Mr. Kanai Lal Samanta … for the Opposite Party.

1. CAN 1 of 2024 is an application for recalling and/or modification of the judgment dated April 12, 2024, passed by this Court in C.O. No.70 of 2024. The said revisional application was dismissed and the order passed by the learned Civil Judge (Senior Division), Haldia dated December 8, 2023 in Money Suit No.06 of

2022 was upheld.

2. By the order impugned in the civil revisional application, the learned trial court, upon exercising power under Section 151 of the Code of Civil Procedure, had recalled the order dated March 29, 2023. By the order dated March 29, 2023, the money suit was dismissed for non- prosecution at the instance of the plaintiff/opposite party. The order was recalled and the suit was restored. The learned court held that the money suit had been filed for a claim and on the assurance of the defendants in the suit that, they would repay all the dues, the plaintiff had withdrawn the suit. On Apri