Calcutta High Court
Limited vs Uco Bank on 19 November, 2025
Author: Aniruddha Roy
Bench: Aniruddha Roy
OCD-10
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 : November 19, 2025.
Appearance:
Mr. Rahul Karmakar, Adv. (vc)
Mr. Tapan Nag Chowdhury, Adv.
... for the decree-holder
Mr. Sailesh Mishra, Adv.
... for the judgment-debtor
The Court : Mr. Rahul Karmakar, learned Advocate appears for
the plaintiff/decree-holder virtually with Mr. Tapan Nag Chowdhury,
learned Advocate appears physically.
Mr. Sailesh Mishra, learned Advocate appears for the
defendant/UCO Bank.
The decree has already been made on April 30, 2025.
Subsequently, by an order dated October 29, 2025 the
amendment as prayed for in Column 10 of the Tabular Statement has
been allowed and the relating procedure was directed to be completed.
The record shows that the Tabular Statement has been amended
in terms of the decree but Mr. Tapan Nag Chowdhury, learned Advocate
2
appearing for the plaintiff/decree-holder submits that some procedure is
yet to be completed in the department.
The decree states that fixed deposit lying with the
defendant/UCO Bank shall be refunded in favour of the plaintiff subject to
terms and conditions mentioned in the order dated June 15, 2011 at
page 10 to the execution application.
The relevant portion from the order dated June 15, 2011 is
quoted below :-
"For the moment, the plaintiff will be entitled to
obtain refund of the sum of Rs.8,41,500/- that remains on
account of the plaintiff's depositors with the defendant
subject to the plaintiff executing an indemnity bond in the
form suggested by the bank within a period of seven days
from the bank making over the form. The bank is afforded a
period of four weeks from date to hand over the appropriate
format of the indemnity bond to the plaintiff. In the event the
indemnity bond is executed by the plaintiff or in the event the
period of four weeks has elapsed and format of indemnity
bond has not been furnished by the bank to the plaintiff, the
plaintiff will be entitled to receive the sum of Rs.8,41,500/-
from the defendant subject to the condition that a fixed
deposit of such amount has to be opened by the plaintiff with
any branch of the defendant that may be convenient to the
plaintiff. The deposit will abide by the result of the suit.
In default of the amount being made over by the
defendant to the plaintiff in terms of this order, there will be
a decree in favour of the plaintiff in the sum of Rs.8,41,500/-
together with interest thereon that would run after a period of
four weeks from date at the rate of eight per cent per annum
simple."
EC-COM/492/2025
A.R., J.
In view of the above, the matter shall appear under the heading
"New Chamber Application" on December 11, 2025.
The Bank is directed to furnish the format of the indemnity bond
to the plaintiff positively within seven days from date.
The plaintiff upon filling of the said form shall deposit with the
Bank in the meantime.
(ANIRUDDHA ROY, J.)
Sbghosh
EC-COM/492/2025
A.R., J.
