Kunal Finance And Credit Pvt. Limited vs Vinayak Mica Export Company And Ors
2025 Latest Caselaw 3065 Cal/2

Calcutta High Court

Kunal Finance And Credit Pvt. Limited vs Vinayak Mica Export Company And Ors on 17 November, 2025

Author: Aniruddha Roy

Bench: Aniruddha Roy

OCD-10
                         In the High Court at Calcutta
                             Commercial Division
                                Original Side

                          IA No. GA-COM/6/2024
                            [Old No. CS/4/2020]
                           In CS-COM/173/2024

               KUNAL FINANCE AND CREDIT PVT. LIMITED
                                VS
               VINAYAK MICA EXPORT COMPANY AND ORS.


   BEFORE:
   The Hon'ble JUSTICE ANIRUDDHA ROY
   Date : November 17, 2025.

                                                                        Appearance:
                                                             Mr. Rupak Ghosh, Adv.
                                                         Mr. Sankarsan Sarkar, Adv.
                                                           Mr. Aditya Kanodia, Adv.
                                                              Mr. Shayak Mitra, Adv.
                                                                   ... for the plaintiff

                                                              Ms. Aasia Hasan, Adv.
                                                             Ms. Sakshi Tiwari, Adv.
                                                            ... for the defendant no.2

                                                      Mr. Debnath Ghosh, Sr. Adv.
                                                        Mr. Sarosij Dasgupta, Adv.
                                                            Ms. Mini Agarwal, Adv.
                                               ... for the proposed defendant no.3B


                       In Re : IA No. GA-COM/6/2024

          The Court : This is an application filed by the plaintiff praying for

substitution of the original defendant no.3, who has died, through his

legal heirs.

          This is a partnership action.

          Mr. Rupak Ghosh, learned Advocate appears for the plaintiff.

          Ms. Aasia Hasan, learned Advocate appearing for the defendant

no.2 submits that he is one of the legal heirs of the defendant no.3. She

further submits that plaintiff has already concluded its submissions
                                       2


before the erstwhile coordinate Bench who had the determination at the

relevant point of time. Defendant no.2 has also concluded his submissions

save and except distinguishing the judgments cited by the plaintiff.

          Mr. Debnath Ghosh, learned Senior Advocate appearing for the

proposed defendant no.3B submits that he has also concluded his

submissions.

          At this juncture, Ms. Aasia Hasan, learned Advocate appearing

for the defendant no.2 submits that she shall mention the matter

forthwith before the said coordinate Bench, as the matter has already

been substantially heard and on the verge of conclusion, for inclusion in

His Lordship's list.

          Mr. Rupak Ghosh, learned Advocate for the plaintiff submits that

this application was not a matter marked as part-heard.

          In view of the above, hearing of the application being GA-

COM/6/2024 stands adjourned for the time being.




                                                     (ANIRUDDHA ROY, J.)



RS




                             IA No. GA-COM/6/2024
                               [Old No. CS/4/2020]
                              In CS-COM/173/2024
                                     A.R., J.