Calcutta High Court
Utkarsh India Limited vs Buildstar Infra Pvt. Ltd on 25 November, 2025
Author: Aniruddha Roy
Bench: Aniruddha Roy
OCD(Supp.)-1
In the High Court at Calcutta
Commercial Division
Original Side
EC-COM/178/2025
UTKARSH INDIA LIMITED.
-VS-
BUILDSTAR INFRA PVT. LTD.
BEFORE:
The Hon'ble JUSTICE ANIRUDDHA ROY
Date : 25th November, 2025.
APPEARANCE:
Mr. Dwipraj Basu, Adv.
Mr. Avijit Kar, Adv.
For the decree-holder.
The Court:- This is an application for execution of a money
decree. The decree is for a sum of Rs.43,24,255/- as on the date of filing
of the execution application.
Mr. Dwipraj Basu, learned Advocate appearing for the
plaintiff/decree-holder submits that the decree was appealed against.
The appeal has been dismissed by an order dated June 16, 2025 by the
Hon'ble Division Bench. Therefore, the decree has achieved finality and
the decree stands crystallized against the defendant/judgment-debtor.
As a principal officer of the judgment-debtor, one Sri Samir
Kumar Ghosh, claiming himself to be a director of the judgment-debtor
company has avoided the service of notice, finally by an order dated
September 25, 2025, a co-ordinate Bench issued a direction for issuance
of warrant of arrest and to produce the said person before the Court.
The last order dated November 17, 2025 speaks for itself.
Though the order dated November 17, 2025 shows that the
matter was directed to appear on November 27, 2025 but the police
authority has arrested the said Sri Samir Kumar Ghosh and produced
him before the office of the Deputy Sheriff today.
Upon such fact being brought to the notice of this Court by the
office of the Deputy Sheriff, the matter has been directed to be placed in
the supplementary list today and accordingly has been taken up.
Sri Samir Kumar Ghosh has been placed in the dock wherefrom
he has undertaken specifically to deposit a sum of Rs.25 lakhs with the
learned Registrar, Original Side by December 4, 2025. The judgment-
debtor prays for instalment, such prayer shall be considered on the next
date upon the said sum of Rs.25 lakhs being deposited with the learned
Registrar, Original Side. It is pertinent to note that this direction for
deposit is made towards pro tanto satisfaction of the decree.
After the said sum being deposited, the Registrar, Original Side
shall hold it with him till the next date when the matter shall be taken up
for further consideration.
Sri Samir Kumar Ghosh has also undertaken to be personally
present when the matter shall be taken up next.
The matter shall appear under the heading "to be mentioned"
for the purpose of recording compliance of today's direction on
December 8, 2025.
In view of the above, Sri Samir Kumar Ghosh is not required to
be arrested for the time being. However, whenever he is required, he
has undertaken to be present personally in Court. Accordingly the
EC-COM/178/2025
AR,J
warrant of arrest shall remain suspended until further direction. In the
meantime, he shall record his attendance before the local police station
by 9 A.M. everyday which has produced him today.
The other person namely, Sri Rabindranath Ghosh has also
been produced before this Court today, who is the father of Sri Samir
Kumar Ghosh.
Considering the age and health of Sri Rabindranath Ghosh,
who appeared personally today, his personal presence on the next date
stands dispensed with. However, his son Sri Samir Kumar Ghosh shall
inform the concerned police station about the whereabouts of his father
everyday and the concerned police station shall keep note of it.
(ANIRUDDHA ROY, J.)
A/s.
EC-COM/178/2025
AR,J
