Grasim Industries Limited vs Prem Kumar Chowdhury And Ors
2025 Latest Caselaw 1772 Cal/2

Calcutta High Court

Grasim Industries Limited vs Prem Kumar Chowdhury And Ors on 16 June, 2025

Author: Arijit Banerjee

Bench: Arijit Banerjee

OCD-2
                       IN THE HIGH COURT AT CALCUTTA
                          Civil Appellate Jurisdiction
                                  ORIGINAL SIDE
                            (COMMERCIAL DIVISION)

                                APOT/30/2025
                                     WITH
                           EC/278/2022 CS/258/1992
                            IA NO: GA-COM/1/2025

                        GRASIM INDUSTRIES LIMITED
                                   VS
                     PREM KUMAR CHOWDHURY AND ORS

  BEFORE:
  The Hon'ble JUSTICE ARIJIT BANERJEE
                     AND
  The Hon'ble JUSTICE RAI CHATTOPADHYAY
  Date : June 16, 2025.


                                                                         Appearance:
                                                                  Mr. Pratik Ghose, Adv.
                                                       Mr. Avishek Roy Chowdhury, Adv.
                                                                     ...for the appellant.

                                                         Mr. Jishnu Chowdhury, Sr. Adv.
                                                             Mr. Anirudha Agarwal, Adv.
                                                         Ms. Ujjaini Chatterjee, Adv (VC).
                                                               Ms. Priyanka Garain, Adv.
                                                               ...for the respondent no. 1.

                                                                 Ms. Ankita Singh, Adv.
                                                               ...for the respondent no 3.




                            Dictated by Arijit Banerjee, J.

The Court: The brief facts of the case culminating in this appeal appear

to be that the respondent no. 1 herein, Prem Kumar Chowdhury, obtained a

decree against a company which is in liquidation, for delivery of certain shares

in the appellant company by that company in liquidation to Prem Kumar

Chowdhury. The decree was put in execution. Grasim, the present appellant,

took a point that the execution application was barred by limitation. Such

point was negated by the executing Court.

Now Grasim has filed an appeal assailing the order passed in execution,

contending that the decree obtained by Prem Kumar is void since as on the

date of passing of the decree, the judgment-debtor was in liquidation and the

official liquidator was not put on notice.

We need to hear out the appeal.

Learned Advocates for the parties say that all relevant papers are before

us as part of the stay application filed in this appeal. We will hear out the

appeal treating the stay application as an informal paper book. All formalities

are dispensed with. Since the respondent nos. 1 and 3 are represented, notice

of appeal is deemed to be waived insofar as those respondents are concerned.

Let a notice be served on the official liquidator attached to the Madhya Pradesh

High Court intimating that this appeal will be heard on June 30, 2025.

(ARIJIT BANERJEE, J.)

(RAI CHATTOPADHYAY, J.)

KB AR (CR)