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Calcutta High Court
Jcc India Private Limited And Anr vs Til Limited on 5 December, 2025
OD 1
ORDER SHEET
CS-COM/57/2025
IA NO:GA-COM/1/2025, GA-COM/2/2025
IN THE HIGH COURT AT CALCUTTA
COMMERCIAL DIVISION
ORIGINAL SIDE
JCC INDIA PRIVATE LIMITED AND ANR.
VS
TIL LIMITED
BEFORE:
The Hon'ble JUSTICE OM NARAYAN RAI
Date: 5th December, 2025.
Appearance:
Mr. Nirmalya Dasgupta, Adv.
Mr. R.L. Mitra, Adv.
Ms. Priyanka Dhar, Adv.
...for the plaintiffs
Mr. Sourojit Dasgupta, Adv.
Mr. Vishwarup Acharyya, Adv.
...for the defendant
The Court:
In Re: IA NO:GA-COM/1/2025 in CS-COM/57/2025:
1.
Mr. Nirmalya Dasgupta, learned advocate appearing for the plaintiffs
has pressed his application for judgment on admission.
2. Mr. Dasgupta has taken this Court through the application as well as
the order dated June 18, 2025, by which this Court had granted an
interim order of injunction in terms of prayer (b) of the application. The
interim order of injunction granted on June 18, 2025 kept on being
extended and is to continue till January 30, 2026.
3. Mr. Dasgupta submits that in view of the invincible case made out by
the plaintiffs, this Court should pass a judgment and decree upon
admission.
4. Mr. Sourojit Dasgupta, learned advocate, appearing for the defendant
submits that although this Court had directed affidavit-in-opposition to
the said application to be filed by a particular date, yet, the same could
not be prepared and filed in time. It is further submitted that due to
inadvertence on the part of the learned advocates representing the
defendant, prayer for extension of time to file affidavit could not be
made on the last two occasions when the matter was taken up by this
Court. He submits that the affidavit-in-opposition is ready with him
and seeks leave to file the same today.
5. Such prayer is opposed by Mr. Dasgupta. learned Advocate representing
the plaintiff.
6. Although the request for leave to file the affidavit-in-opposition today
has been opposed by the learned Mr. Dasgupta, learned advocate
appearing for the plaintiffs, yet, keeping in view the fair admission by
Mr. Dasgupta, learned advocate appearing for the defendant that the
mistake in not seeking extension had been committed by the learned
advocates representing the defendant, this Court is minded to grant
leave to the defendant to file the affidavit-in-opposition. The affidavit-in-
opposition is accordingly taken on record. A copy thereof has been
served upon the learned Advocate for the plaintiff.
7. Mr. Sourojit Dasgupta, learned advocate for the defendant submits that
the management of the defendant company was changed and the
process of taking over by the new management ultimately got concluded
only by January 24, 2024. It is submitted that in such process, the
bank account of the defendant which has been indicated in prayer (b) of
the plaintiffs' application for judgment on admission (IA No.GA-
COM/1/2025), was closed and the monies lying there were shifted to
different account. It is submitted that at the time when the interim
order dated June 18, 2025 was passed, the account indicated in payer
(b) of the said application (Bank Account No.0728083000000017
maintained with South Indian Bank Limited, Corporate Branch at
Church Lane, Kolkata - 700 001) did not exist in the name of the
petitioner.
8. The defendant owes an explanation to the Court as to why this fact was
not brought to the notice of the Court on the several occasions when the
matter was taken up by Court subsequent to the order dated June 18,
2025 being passed.
9. Although the order dated June 18, 2025 was passed ex parte, yet, on all
the subsequent dates starting from July 16, 2025 to November 26,
2025, the defendant was represented but it was never brought to the
notice of the Court that the order of injunction which was passed on
June 18, 2025 was actually ineffective because of the non-existence of
the very account to which the said order applied.
10. The defendant shall therefore file an affidavit explaining as why the
fact of non-existence of Bank Account No.0728083000000017
maintained with South Indian Bank Limited, Corporate Branch at
Church Lane, Kolkata - 700 001 was not brought to the notice of the
Court. In the said affidavit the petitioner shall also disclose the balance
in the bank accounts mentioned in paragraph 29 (Page 11 of the
affidavit-in-opposition). Such affidavit shall be filed within two weeks
from date.
11. Mr. Nirmalya Dasgupta submits that he reserves his right to file
affidavit-in-reply to the affidavit-in-opposition used by the defendant
and may seek time therefore upon seeing the affidavit directed to be
filed by this order.
12. In view of the fact that the aforesaid account in resepect whereof the
order dated June 18, 2025 had been passed, does not exist anymore
and that the Court had on being satisfied that the plaintiffs had made
out a prima facie case passed an order of injunction thereby restraining
the defendant from withdrawing any sum from the said bank account
without keeping aside a sum of Rs.30,00,000/- towards the claim of the
plaintiffs with regard to the principal sum claimed in the suit, in the
changed fact situation, this Court directs that the defendant and/or its
men and agents, shall stand restrained from withdrawing any sum from
the following accounts without keeping aside a sum of Rs.30,00,000/-
towards the claims of the plaintiffs with regard to the principal amount
as prayed for in prayer (b) of the application for judgment on admission
(IA No.GA-COM/1/2025):
a) Current Account bearing number 924030039680305, maintained
with Axis Bank Limited, Shakespeare Sarani Branch.
b) Current Account bearing number 650014156394, maintained with
Indusind Bank, Upper Wood Street Branch.
c) Current Account bearing number 20500032351770, maintained with
Bandhan Bank, Hazra Branch.
13. It is clarified that such sum of Rs.30,00,000/-, may be set
apart/kept aside either as a whole in any one of these three accounts or
cumulatively in all the three accounts.
In Re: IA NO:GA-COM/2/2025 in CS-COM/57/2025:
14. Affidavit-in-opposition filed on behalf of the plaintiffs to the
application and the affidavit-in-reply filed on behalf of the defendant to
the opposition filed by the plaintiffs are taken on record.
15. List this matter for further consideration on December 19, 2025.
(OM NARAYAN RAI, J.)
B.Pal
