Citation : 2025 Latest Caselaw 2877 Cal/2
Judgement Date : 29 October, 2025
OD-13
IA NO. GA/2/2025
WITH
CS/257/2018
In
APD/1/2025
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
RAJSHRI PRODUCTIONS PRIVATE LIMITED
Vs
T. E. THOMSON AND COMPANY LIMITED
BEFORE:
The Hon'ble JUSTICE ARIJIT BANERJEE
And
The Hon'ble JUSTICE OM NARAYAN RAI
Date : October 29, 2025
Appearance:
Mr. Sabysachi Choudhury, Sr. Adv.
Mr. Rajarshi Dutta, Adv.
Mr. Varun Kothari, Adv.
Mr. A. P. Agarwalla, Adv.
Mr. Chayan Gupta, Adv.
Mr. Rittick Chowdhury, Adv.
Mr. Dwip Raj Basu, Adv.
Mr. Avijit Kar, Adv.
Dictated by Arijit Banerjee, J.
The Court: This application has been taken out by the
respondent/decree-holder, praying for the following order:
"(a) An order directing the appellant to deposit a sum of Rs.3,79,92,673/-, being the decretal dues, calculated till 19 th September, 2025 in terms of the judgment and decree dated 7 th October, 2024, passed in I.A.No.G.A. 6 of 2024 with the Registrar, Original Side of this Hon'ble Court and said sum be kept in a short term interest bearing fixed deposit account with a
nationalized bank, as more fully pleaded in paragraphs 26 and 27 hereinabove;"
A money decree has been passed against the appellant on account of
mesne profits. By an order dated May 22, 2025, passed in the execution
proceedings, being EC/6/2025, a Learned Judge of this Court has restrained
the appellant/decree-holder from operating its account with PAN AAACR4139G
without keeping a credit balance of Rs.3,16,49,902/-
Learned Advocate for the respondent/applicant says that nobody
knows if the aforesaid amount of money or any sum of money is lying in the
aforesaid bank account of the appellant. Hence, this application has been
made.
Learned Advocate for the appellant, on instruction, says that
sufficient sum of money is lying in the concerned bank account to make the
restraint order of the learned Single Judge effective.
Since we are in the process of hearing out the appeal, we do not think
that any further order need be passed on this application.
The application being GA/2/2025 stands disposed of.
List this matter on November 12, 2025, amongst the three items
under the heading "Appeals from Decree".
(ARIJIT BANERJEE, J.)
(OM NARAYAN RAI, J.)
bp.
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