Limited vs Uco Bank
2025 Latest Caselaw 3408 Cal/2

Calcutta High Court

Limited vs Uco Bank on 11 December, 2025

Author: Aniruddha Roy

Bench: Aniruddha Roy

OCD-9
                       In the High Court at Calcutta
                           Commercial Division
                              Original Side
                               EC-COM/492/2025

   THE PEERLESS GENERAL FINANCE AND INVESTMENT COMPANY
                          LIMITED
                             VS
                         UCO BANK


  BEFORE:
  The Hon'ble JUSTICE ANIRUDDHA ROY
  Date : December 11, 2025.

                                                                  Appearance:
                                                    Mr. Rahul Karmakar, Adv.
                                              Mr. Tapan Nag Chowdhury, Adv.
                                                        ...for the decree holder

                                                      Mr. Sailesh Mishra, Adv.
                                                        Mr. Prasenjit Das, Adv.
                                                            Mr. T. N. Jha, Adv.
                                               ...for the judgment-debtor/bank


        The Court : This is an application for execution of a portion of the

decree dated April 30, 2025.

        On a reading of the decree it appears to this Court that the decree

has two parts:

           i) First part, the suit has been dismissed filed by the plaintiff

              without costs;

           ii) The second part, the plaintiff was granted liberty to withdraw

              the amount deposited with the defendant bank along with

              accrued interest pursuant to an interlocutory order dated

              June 15, 2011, passed in GA/324/2011.
                                       2

        The admitted position is till date the defendant bank has not

released the said sum in favour of the plaintiff though the plaintiff has

applied for it.

        In view of the above, the defendant/UCO Bank is forthwith directed

to deposit the entire deposit made by the plaintiff lying with them with

accrued interest up to date with the Registrar, Original Side within four

weeks from date.

        In the event of default in making such deposit, this Court may

proceed to take coercive step against the judgment-debtor.

        However, Mr. Sailesh Mishra, learned Advocate appearing for the

judgment-debtor submits that there had been no deposit made by the

plaintiff. However, the judgment-debtor has neither challenged the decree

nor had acted thereupon.

        The executing Court cannot travel beyond the decree.

        On the prayer made on behalf of the learned Counsel for the

judgment-debtor, the deposit may be done by way of electronic fund

transfer system.

        Affidavit in opposition shall be filed by the judgment-debtor on or

before January 21, 2026.

        Affidavit in reply, if any, thereto shall be filed by February 18,

2026.

        The matter shall appear under the heading "Chamber Application

for Final Disposal" on February 25, 2026.



                                                    (ANIRUDDHA ROY, J.)

RS

                             EC-COM/492/2025
                                   A.R., J.