Utkarsh India Limited vs Aparajita Enterprises & Anr
2023 Latest Caselaw 1077 Cal/2

OCD-9
                               ORDER SHEET

                          IA No.GA 2 of 2022
                                  IN
                            CS 154 of 2022
                  IN THE HIGH COURT AT CALCUTTA
                ORDINARY ORIGINAL CIVIL JURISDICTION
                            ORIGINAL SIDE
                       (COMMERCIAL DIVISION)


                          UTKARSH INDIA LIMITED
                                  VS.
                       APARAJITA ENTERPRISES & ANR.


BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 26th April, 2023.

Mr. Rupak Ghosh, Mr. Ayan Dutta, Mr. Dwip Raj Basu, Advocates for plaintiff.

Mr. Sutirtha Das, Advocate for defendants.

The Court : This is an application for recalling of the judgment and

order dated 5th December, 2022 passed in GA 1 of 2022 by which the

defendants were directed to secure a sum of Rs.40,00,000/- by cash deposit

to the credit of the suit within 5th January, 2023, failing which there shall

be an automatic decree for the said sum. By an order dated 19th December,

2022 passed in this application the portion of the order dated 5th December,

2022 by which the application being GA 1 of 2022 was disposed of has been

stayed. Subsequent thereto this application was taken up on 6th February,

2023 but no further hearing has taken place. The issue as to recalling of the

judgment and order dated 5th December, 2022 with a default clause to be

transformed into a decree which according to the plaintiff has now

crystalised into a decree is required to be gone into. It is also the

submission of the plaintiff that the default clause having come into

operation and that there is no stay of the decree which is in the nature of

money decree the defendant has to secure the said sum.

The learned Advocate for the defendants seeks an adjournment for the

purpose of taking necessary instructions after contending that the

defendants have a good case on merit.

Considering the above submission, let this matter appear in the

monthly list of June, 2023 along with GA 1 of 2022.

(ARINDAM MUKHERJEE, J.)

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