Calcutta High Court
Mihijam Vanaspati Limited And Anr vs Shining Vyapar Private Limited And Ors on 29 August, 2025
Author: Arijit Banerjee
Bench: Arijit Banerjee
OCD-10
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 29, 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.
Ms. Vanshika Lamba, 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: Report filed by learned Registrar, Original Side, in terms
of our order dated August 25, 2025, be kept with the records.
We find from the report that the sum of Rs.8 lakh, that was
deposited by the appellants with the registry on March 13, 2019, is lying in
this Court's PL Account at Reserve Bank of India, Kolkata, without earning
any interest. This is unfortunate.
We also find from the report that a sum of Rs.3 lakh was deposited
by the appellants on April 12, 2016, in terms of an order dated March 31,
2016, passed by a learned Single Judge of this Court in GA No. 866 of 2016.
The said order reads as follows:-
"The Court: This is an application to set aside the judgment
and decree dated 15th December 2014. It is at the instance of
the plaintiff no. 2 which has suffered a decree on account of the
counter-claim of the defendant being allowed.
Let affidavits be exchanged according to the following
directions.
Affidavit-in-opposition be filed by 12th April 2016. List this
application on 28th April 2016. Affidavit-in-reply may be filed in
the meantime.
Provided the plaintiff no.2 deposits a sum of Rs.3 lakhs
with the Registrar, Original Side of this Court by 12th April
2016, there will be stay of the execution proceedings until
further orders. Unconditional stay of execution is ordered till
12th April 2016.
It may be recorded that a sum of Rs.3 lakhs together with
accrued interest is already deposited with the Registrar, Original
Side to the credit of the suit. The present deposit of Rs.3 lakhs
will be invested by the Registrar in a short-term fixed deposit
earning highest rate of interest.
Certified photocopy of this order, if applied for, be supplied
to the parties upon compliance with all requisite formalities."
The said order not only directed a deposit of Rs.3 lakh but also
recorded that a sum of Rs.3 lakh was already lying deposited along with
accrued interest with the Registrar, Original Side to the credit of the suit.
A further report be filed by the learned Registrar, Original Side,
indicating the status of the earlier deposit of Rs.3 lakh, as recorded in the
order dated March 31, 2016.
The report shall also clarify how much the sum of Rs.3 lakh, which
was deposited on April 12, 2016 pursuant to the order dated March 31,
2016, has become.
In the event it is found that the earlier deposit of Rs.3 lakh is also
lying to the credit of the suit, the report shall indicate how much that
amount has become today.
List this matter on September 8, 2025, when the report that we
have called for will be placed before us.
(ARIJIT BANERJEE, J.)
(OM NARAYAN RAI, J.)
sg.
