Mihijam Vanaspati Limited And Anr vs Shining Vyapar Private Limited And Ors
2025 Latest Caselaw 2147 Cal/2

Calcutta High Court

Mihijam Vanaspati Limited And Anr vs Shining Vyapar Private Limited And Ors on 25 August, 2025

Author: Arijit Banerjee

Bench: Arijit Banerjee

OCD-1
                              ORDER SHEET

                              APDT/20/2025
                                  WITH
                            CS-COM/788/2024

                         IA NO: GA-COM/1/2025

                    IN THE HIGH COURT AT CALCUTTA
                       Commercial Appellate Division
                             ORIGINAL SIDE

                 MIHIJAM VANASPATI LIMITED AND ANR
                                 VS
               SHINING VYAPAR PRIVATE LIMITED AND ORS


   BEFORE:
   The Hon'ble JUSTICE ARIJIT BANERJEE
                  AND
   The Hon'ble JUSTICE OM NARAYAN RAI
   Date : August 25, 2025.

                                                                       Appearance:
                                                        Mr. S. Bhattacharya, Adv.
                                                                Mr. B. Ghosh, Adv.
                                                                 Ms. S. Mitra, Adv.
                                                                 ..for the plaintiffs

                                                          Mr. Rishad Medora, Adv.
                                                           Ms. Kanchan Jaju, Adv.
                                                   ..for the respondent nos.1 & 2

                                                               Mr. K. C. Garg, Adv.
                                                        Ms. Sunita Agarwal, Adv.
                                                         ..for the respondent no.3

                      Dictated by Arijit Banerjee, J.

The Court: This appeal is directed against a judgment and decree

dated July 7, 2025, whereby the claim of the appellants/plaintiffs has been

rejected by the Learned Single Judge. The counter-claim of the defendant

no.1 has been partly allowed. Costs have been awarded against the

plaintiffs.

We are told that earlier, the counter-claim of the defendants had

been decreed ex parte. The plaintiffs had challenged such ex parte decree

before a Division Bench. By an order dated February 26, 2019, the Division

Bench had set aside the decree and remanded the matter to the Learned

Suit Court for fresh adjudication on condition that the plaintiffs will put in

Rs.8 lakh with the Registrar, Original Side, Calcutta High Court. Such

money was deposited with the Registrar, Original Side, and still lies with

him/her. We are sure the money has been invested by the Registrar.

Learned Registrar, Original Side, Calcutta High Court, is requested

to file a report on the next date indicating how much the said sum of Rs.8

lakh has become along with interest.

List this matter once again on August 29, 2025.

Learned Advocates for the parties are requested to immediately

communicate this order to the learned Registrar, Original Side, Calcutta

High Court.

(ARIJIT BANERJEE, J.)

(OM NARAYAN RAI, J.)

bp.