Citation : 2025 Latest Caselaw 2193 Cal/2
Judgement Date : 28 August, 2025
OD- 4
IN THE HIGH COURT AT CALCUTTA
ORIDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
IA NO. GA/1/2025
In EC/69/2024
TARA PROPERTIES PRIVATE LIMITED
Vs
ARCL ORGANICS LIMITED
BEFORE:
The Hon'ble JUSTICE BISWAROOP CHOWDHURY
Date : 28th August, 2025.
APPEARANCE:
Mr. Sakya Sen, Sr. Adv.
Mr. Sourojit Dasgupta, Adv.
Mr. Aasish Chowdhury, Adv.
Mrs. Uma Bagree, Adv.
..for the judgment debtor.
The Court:- Learned advocates for the parties are present.
Mr. Sen has prayed that his client be permitted to deposit the amount of
Rs. 5,18,44,940/- before this Court in terms of the order dated 1 st July, 2025
passed by this Court. Mr. Mitra objects to the prayer and submits that this is
only with regard to the principal sum and the interest due is not secured by
the judgment debtor. At this, Mr. Sen gives a suggestion that his client is ready
and willing to deposit Rs. 7 crore before the Registrar.
In such circumstances, as the dispute is with regard to the calculation of
the interest amount, the matter can be settled through mediation. Thus, the
judgment debtor is directed to deposit Rs. 7 crore before the Registrar, Original
Side. Such deposit shall be made within two weeks from the date of this order.
The decree holder may withdraw this deposit upon furnishing all necessary
securities. The matter requires mediation for the purpose of settlement.
Learned mediator is requested to resolve the disputes between the parties and
submit a report before 23.09.2025. Justice Subrata Talukder, a former Judge
of this Court is appointed as mediator.
Upon deposit being made, the judgment debtor is permitted to operate
the Bank Account till 23.09.2025 only with regard to urgent business
transaction. Thereafter, the report of expenditure incurred till 23 rd September,
2025, shall be submitted by the judgment debtor. In the event, the judgment
debtor finds necessity due to some exigency to withdraw huge amount apart
from business transactions, the same amount is not to be withdrawn without
leave from this Court. Learned Registrar, Original Side shall deposit Rs. 7 crore
in a nationalized Bank under the fixed deposit.
Let a copy of this order be sent to the Secretary, Calcutta High Court
Mediation Committee.
Let the matter appear on 23.09.2025 under the same heading.
(BISWAROOP CHOWDHURY, J.)
Arsad, AR(CR)
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