Soneko Marketing Private Limited vs Core Minerals
2025 Latest Caselaw 1366 Cal/2

Calcutta High Court

Soneko Marketing Private Limited vs Core Minerals on 5 March, 2025

Author: Sugato Majumdar

Bench: Sugato Majumdar

OD-15

                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE


                               IA NO. GA/3/2025
                                 In CS/7/2017

                    SONEKO MARKETING PRIVATE LIMITED
                                  Vs
                            CORE MINERALS


  BEFORE:
  The Hon'ble JUSTICE SUGATO MAJUMDAR

Date : 5th March, 2025.

Appearance:

Mr. Sarosij Dasgupta, Adv.

Ms. Saheli Bose, Adv.

...for the plaintiff

Mr. Gourab Das, Adv.

Mr. Mahesh Joshi, Adv.

Ms. Priyanka Gupta, Adv.

...for the defendant

The Court:- In terms of the Order dated 8.11.2024 the Supreme Court of

India has clarified that the defendant is required to deposit only 75% of the

decretal amount. This Court earlier passed a decree of Rs.53,56,916/- along

with interest therefrom at the rate of 12% per annum from 9.7.2013 till payment

of the decretal amount. The ex parte judgment dated 26.2.2019 shows that the

judgment was for a principal sum of Rs.53,56,916/- along with interest at the

rate of 12% per annum from 9.7.2013 till the date of payment. The judgment

was passed on 26.2.20219. The Learned Counsel for the plaintiff submitted that

the decretal amount should mean and include interest also, up to the date of

the decree. In terms of the defendant's submission made in the Supreme Court,

recorded in the Order dated 13.9.2024 that the decretal amount would mean

principal amount plus interest payable on the principal amount as on the date

of the passing of the ex parte decree excluding future interest. The Supreme

Court of India did not go into this aspect.

The defendant has already paid certain amount of money. For the purpose

of the Order of this Court dated 12.2.2025 the decretal amount shall mean and

include the principal sum along with interest at the rate of 12% per annum till

the date of decree. 75% of the said amount shall be deposited by the defendant.

Time is extended till 23rd April, 2025 for deposit of the same. Learned Counsel

for the plaintiff shall submit a tentative calculation of the amount to be

deposited within one week from date in the form of supplementary affidavit.

Let the matter appear in the list on 10th March, 2025 for filing

supplementary affidavit.

(SUGATO MAJUMDAR, J.)

T.O. AR(CR)