The Calcutta High Court has affirmed that withdrawal and dismissal of an appeal does not operate as a decision on merits, nor does it prejudice the ongoing writ petition before the Single Judge. This judgment upholds existing precedent and clarifies the procedural consequences of dismissal as withdrawn, providing authoritative guidance to litigators on the precedential value and effect of such orders in pending civil matters.
Summary
| Category | Data |
|---|---|
| Case Name | MAT/1267/2025 of SWAPAN KR CHAKRABORTY Vs SIMPLEX INDUSTRIAL LTD |
| CNR | WBCHCA0368692025 |
| Date of Registration | 07-08-2025 |
| Decision Date | 27-10-2025 |
| Disposal Nature | DISMISSED AS WITHDRAWN |
| Judgment Author | Lanusungkum Jamir, J.; Rai Chattopadhyay, J. |
| Court | Calcutta High Court |
| Bench | Hon’ble Justice Lanusungkum Jamir, Hon’ble Justice Rai Chattopadhyay |
| Precedent Value | Binding authority on legal effect of withdrawal of appeals |
| Type of Law | Civil Appellate Procedure |
| Questions of Law | Whether withdrawal of an appeal results in adjudication on merits or affects the pending writ petition before the Single Judge. |
| Ratio Decidendi |
The Court clarified that the dismissal of an appeal on grounds of withdrawal does not amount to adjudication on merits. It also expressly stated that such dismissal by itself shall not prejudice the petitioner’s case in the pending writ petition before the Single Judge. By making this clarification on record, the Court established that procedural dismissals do not cause adverse effects or create res judicata with respect to issues yet to be decided in the main proceedings. |
| Facts as Summarised by the Court | The appellant appeared in person and sought leave to withdraw the appeal. The appeal was dismissed as withdrawn without entering into the merits, with the explicit clarification that the ongoing writ petition before the Single Judge remains unaffected. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in West Bengal and the Calcutta High Court’s jurisdiction. |
| Persuasive For | Other High Courts considering effects of appeal dismissals on pending writs. |
What’s New / What Lawyers Should Note
- The Court has expressly recorded that withdrawal of an appeal does not constitute a decision on merits.
- Dismissal as withdrawn does not create adverse consequences for pending writ petitions on the same matter.
- Lawyers can use this precedent to argue against allegations of res judicata or prejudice arising solely from withdrawal of appellate proceedings.
- This order may be cited to ensure that withdrawal at the appellate stage does not foreclose substantive rights or contentions before the writ court.
Summary of Legal Reasoning
- The appellate bench noted the in-person request by Mr. Swapan Kumar Chakraborty to withdraw his appeal.
- It ordered dismissal accordingly, and clarified that “we have not entered into the merits of the case.”
- The court specifically recorded that “dismissal of this appeal would therefore not prejudice the case of the petitioner before the learned Single Judge.”
- By doing so, the bench ensured that no findings, even impliedly, would bind or prejudice the petitioner’s contentions in the originally pending writ petition.
Arguments by the Parties
Petitioner
- Appeared in person and requested withdrawal of the appeal.
Respondent
No recorded arguments by respondent.
Factual Background
The appellant, Mr. Swapan Kumar Chakraborty, filed an appeal (MAT 1267/2025) before the Calcutta High Court. On the date of hearing, the appellant appeared in person and sought to withdraw the appeal. The underlying writ petition remains pending before the learned Single Judge. The Court’s order was limited to acknowledging and recording this withdrawal, with a specific clarification that merits were not examined and that the withdrawal would not prejudice pending writ proceedings.
Statutory Analysis
No statutory provisions were discussed or interpreted, as the Court confined itself to procedural clarification regarding the effect of withdrawal and dismissal of the appeal.
Dissenting / Concurring Opinion Summary
There were no dissenting or separate concurring opinions. Both judges joined in the order.
Procedural Innovations
- The bench made an explicit and formal record clarifying that dismissal as withdrawn does not impact merits in pending writ proceedings, ensuring procedural fairness and transparency.
Alert Indicators
- ✔ Precedent Followed – The judgment affirms existing legal principles concerning the non-merits-based nature of dismissal as withdrawn and its non-prejudicial effect on pending matters.