The Court: This appeal is directed against an order dated February
18, 2020, passed by a Learned Judge of our Court in GA-COM/4/2024 filed
in CS-COM/669/2024, whereby the Learned Judge allowed an application
under Order I Rule 10 of the Code of Civil Procedure made by the defendant
no.4 in the suit for deletion of his name from the array of defendants.
Therefore, the name of the defendant no.4 stands expunged from the list of
the defendants in the suit.
2
Being aggrieved, the plaintiff has come up by way of this appeal.
In our opinion, this appeal is not maintainable on a conjoint
reading of Section 13 of the Commercial Courts Act, 2015 and Order XLIII
Rule 1 of the Code of Civil Procedure. In this connection, the learned
Advocate for the respondent/defendant no.4 has also relied on a Division
Bench decision of our Court in the case of Odisha Slurry Pipeline
Infrastructure Ltd. and Another vs. IDBI Bank Ltd. and Others, reported in
2022 SCC OnLine Cal 3951, paragraphs 22 and 23.
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