Calcutta High Court
Indusind Bank Limited vs Dilip Choudhury And Anr on 24 October, 2025
Author: Shampa Sarkar
Bench: Shampa Sarkar
OCD 2 to 12
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
COMMERCIAL DIVISION
ORIGINAL SIDE
EC-COM/41/2024
IA NO: GA/2/2019(Old No:GA/1843/2019), GA/3/2023, GA/4/2023,
GA/5/2023, GA-COM/6/2024, GA-COM/7/2024
INDUSIND BANK LIMITED
VS
DILIP CHOUDHURY AND ANR.
EC/1096/2015
IA NO: GA/1/2024
INDUSIND BANK LIMITED
VS
DILIP CHOUDHURY & ANR.
EC/1100/2015
IA NO: GA/1/2024
INDUSIND BANK LIMITED
VS
DILIP CHOUDHURY & ANR.
EC/1101/2015
IA NO: GA/1/2024
INDUSIND BANK LIMITED
VS
DILIP CHOUDHURY & ANR.
EC/1102/2015
IA NO: GA/1/2024
INDUSIND BANK LIMITED
VS
DILIP CHOUDHURY & ANR.
EC/1103/2015
IA NO: GA/1/2024
INDUSIND BANK LIMITED
VS
DILIP CHOUDHURY & ANR.
2
EC/1104/2015
IA NO: GA/1/2024
INDUSIND BANK LIMITED
VS
DILIP CHOUDHURY & ANR.
EC/1105/2015
IA NO: GA/1/2024
INDUSIND BANK LIMITED
VS
DILIP CHOUDHURY & ANR.
EC/1106/2015
IA NO: GA/1/2024
INDUSIND BANK LIMITED
VS
DILIP CHOUDHURY & ANR.
EC/1107/2015
IA NO: GA/1/2024
INDUSIND BANK LIMITED
VS
DILIP CHOUDHURY & ANR.
EC/1108/2015
IA NO: GA/1/2024
INDUSIND BANK LIMITED
VS
DILIP CHOUDHURY & ANR.
BEFORE:
The Hon'ble JUSTICE SHAMPA SARKAR
Date: 24th October, 2025.
Appearance:
Mr. Pratip Mukherjee, Adv. Mr. Sayak Ranjan Ganguly, Adv.
Ms. Srijani Ghosh, Adv.
Ms. Indrani Majumdar, Adv.
. . .for the petitioner.
Mr. Souri Ghosal, Adv.
. . .for the judgment debtor.3
The Court:
RE: GA 5 of 2023 in EC-COM 41 of 2024:
GA 5 of 2023 filed in EC-COM 41 of 2024, is an application for modification of the order passed by my predecessor judge dated March 28, 2023. An arrangement was made by his Lordship towards liquidation of the entire awarded sum. The order dated 28th March, 2023, was passed compositely, in respect of all the execution cases stated herein above. This composite order was passed for payment in respect of the awards which were sought to be executed by filing the above applications. The ordering portion is quoted below:
"Upon hearing the arguments of both the parties, I am of the view that the above payment of Rs.1,25,55,000/- should be made in the following manner by the award-debtor to the award-holder:-
(a) An upfront payment of Rs.20.55 lakhs be made within a period of 21 days from date.
(b) The balance payment be made by way of instalments of Rs.5 lakhs each for 21 months.
(c) In the event of any default, the award-holder shall be at liberty to pursue his entire claim as per the execution application.
(d) In the event of failure, the award-holder shall be at liberty to mention the matter before this Court for issuance of warrant of arrest especially keeping in mind that the award in this particular case was passed in the year 2015 and the award-holder has not been able to enjoy the fruits of the award because of the inordinate delay in payments by the award-debtor. The matter is made returnable four weeks hence."
4It is urged by the award holder that the amount as directed by his Lordship has not been paid and the last payment was made in May, 2024. A chart has been handed over to the Court indicating the dates and manner of payment. Accordingly, it is prayed that warrant be issued against the award debtor for failure to comply with the order of the Court. Other consequential prayers have also been made, for a direction calling upon the award debtors to show cause why they should not be sent to civil prison.
Upon perusal of the documents, this Court finds that the award debtor has not only failed to comply with the order of Court, but also maintained an inexplicable silence with regard to the compliance and payment. Even if the award debtors were in difficulty, the award debtors should have offered the sum that was available with them, instead of stopping the payment since June, 2024.
Under such circumstances, the prayer for modification of the order is not considered at this stage and GA 5 of 2023 is disposed of with a direction upon the award debtor to pay a sum of Rs. 10 lakhs within November 13, 2025 out of the total outstanding dues which is more than Rs. 1 crore. Failing such payment, not only warrant of arrest will be issued but also orders of attachment of the assets shall be passed on the next date.
Mr. Dilip Chowdhury, award debtor no.1 should be present in Court for examination on 14th November, 2025 at 10.30 a.m. GA 5 of 2023 is accordingly disposed of.
RE: GA 3 of 2023 and GA 4 of 2023 in EC-COM 41 of 2024:
GA 3 of 2023 and GA 4 of 2023, filed in connection with EC-COM 41 of 2024, have become infructuous and are accordingly disposed of.5
RE: GA-COM 7 of 2024 in EC-COM 41 of 2024:
GA-COM 7 of 2024 filed in connection with EC-COM 41 of 2024, is an application for a direction upon the award debtors to show cause as to why they shall not be sent to civil prison for deliberate violation of the order passed by this Court dated March 28, 2023.
In view of the order passed today and the mandatory direction upon the judgment debtors to pay a sum of Rs.10 lakhs within November 13, 2025, this application is disposed of at this stage, granting liberty to the petitioner to make proper prayers in case of further non-compliance.
(SHAMPA SARKAR, J.) SP/