Contemporary Brokers Private ... vs Williamson Magor And Co. Limited
2023 Latest Caselaw 2635 Cal/2

OCD-70

                                ORDER SHEET
                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE
                             (Commercial Division)

                                 EC/189/2023

          CONTEMPORARY BROKERS PRIVATE LIMITED AND ANR.
                              VS
                WILLIAMSON MAGOR AND CO. LIMITED


  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA

Date : 19th September, 2023.

Appearance:

Mr. Ratnanko Banerji, Sr. Adv.

Mr. Arunabho Deb, Adv.

Ms. Ashika Daga, Adv.

Mr. Jishnujit Roy, Adv.

...for the decree-holder

Mr. Jishnu Chowdhury, Adv.

Mr. Barnik Ghosh, Adv.

...for the judgment-debtor

The Court:- The learned counsel appearing for the judgment-debtor

submits that contrary to the assurance given to the Court on 5th September,

2023, the judgment-debtor is in a position to only pay Rs.25 lakhs by 25th

September, 2023. Counsel submits that the judgment-debtor has paid Rs.25

lakhs yesterday, i.e., on 18th September, 2023. Counsel further agrees to pay

another amount of Rs.50 lakhs by 29th September, 2023.

The order of 5th September, 2023 records that Rs.2 crores remain

outstanding from the judgment-debtor along with interest of Rs.2,78,631/- in

respect of the individual heads of default.

Hence, even if the judgment-debtor keeps its word, i.e., of payment of

Rs.75 lakhs by 29th September, 2023, there would still be Rs.1 crore remaining

due from the judgment-debtor on account of default.

List this matter on 29th September, 2023 as prayed for.

The Court will consider passing appropriate orders for furnishing of

security for the remaining unpaid amount, if required on the next date.

(MOUSHUMI BHATTACHARYA, J.)

T.O.

A.R.(C.R.)