Authority

Calcutta High Court, Commercial Division

Order Date

31 August 2026

Case Overview

  • Plaintiff: Union Bank of India; Defendants: Srei Equipment Finance Limited and others.
  • The plaintiff sought withdrawal of the plaint due to formal defects, requesting to file a fresh suit on the same cause of action and same reliefs.
  • The plaint had not yet been admitted; the court considered the plaintiff’s submission for the limited purpose of withdrawal.

Final Outcome

  • The court admitted the withdrawal request, dismissed the plaint as withdrawn, and granted leave to refile a fresh suit on the same cause of action between the same parties with identical reliefs.
  • Court fees paid by the plaintiff are to be returned and may be utilized in any subsequent suit.

Topics

  • Legal Procedure
  • Banking Litigation