Limited vs M/S. Amit Vanijya Private Limited
2026 Latest Caselaw 2744 Cal/2

Calcutta High Court

Limited vs M/S. Amit Vanijya Private Limited on 7 April, 2026

Author: Aniruddha Roy

Bench: Aniruddha Roy

OCD-11

                    In The High Court at Calcutta
                        Commercial Division
                           Original Side
                           EC-COM/537/2025
              M/S. ANUBANDH FINANCIAL SERVICES PRIVATE
                                LIMITED
                                   VS
                   M/S. AMIT VANIJYA PRIVATE LIMITED
BEFORE:
The Hon'ble JUSTICE ANIRUDDHA ROY
Date : April 7, 2026.
                                                                   Appearance:
                                             Mr. Deepnath Roy Chowdhury, Adv.
                                                         Mr. Debraj Sahu, Adv.
                                                       Mr. Akash Munshi, Adv.
                                                       Ms. Antara Biswas, Adv.
                                                     Mr. Bhaskar Dwivedi, Adv.
                                                      Mr. Tamaghna Saha, Adv.
                                                          Ms. Jyoti Rauth, Adv.
                                                        ...for the decree holder.
                                                           Mr. Anuj Singh, Adv.
                                                Ms. Sambrita B Chatterjee, Adv.
                                                     ...for the judgment debtor.
                                                     ... for the judgment debtor.
       The Court: The last order dated January 29, 2026 shows that the
judgment debtor was directed to deposit the principal decreed amount for a
sum of Rs. 1,52,98,316/- with the Registrar, Original Side positively on or
before March 31, 2026. The judgment debtor was also directed to file
affidavit of assets in the meantime. None of these directions have been
complied with. Mr. Anuj Singh, learned advocate appearing for the judgment
debtor prays for extension of time for compliance of both the directions by
seven days.
                                           2
       The next direction in the order was that the Directors of the
judgment debtor were directed to be personally present in Court today. It
shows that the Director of the company are several in number and none of
these directors are present in Court today. Mr. Deepnath Roy Chowdhury,
learned advocate appearing for the decree holder submits that there are at
least three Directors of the company as per his client information goes.
       Insofar as the extension of time, as prayed for, by Mr. Anuj Singh,
learned advocate, the same can be considered by this Court but the
deliberate and willful violation of direction of this Court that the Directors
are not present in Court today, is unpardonable. This clearly shows the high
handed attitude and arrogance on the part of the Directors. The existing
Directors from their personal accounts shall pay Rs. 1,50,000/- each as
penalty for not being present personally today in Court, despite there being
specific direction of this Court. The said penalty shall be paid in favour of
"Calcutta High Court Legal Services Committee" either by way of any
banker's instrument or by way of transferring the fund through electronic
mode positively within next seven days.
       The money receipts shall be produced before this Court on the next
day. Time to deposit the said decretal sum of Rs. 1,52,98,316/- stands
extended further for a period of seven working days from date with the
Registrar, Original Side who in turn will deposit the same in a fixed deposit
account as directed in the order dated January 29, 2026.
       Time to file, affidavit of assets also stands extended further for a
period of seven days from date.
                        EC-COM/537/2025
                            A.R., J.
        The matter shall appear on April 21, 2026 under the heading "New
Chamber Applications".
        Mr. Deepnath Roy Chowdhury, learned advocate has pointed out
that the details and particulars of the Directors are available at page 41 of
the execution application.
                                                     (ANIRUDDHA ROY, J.)
Arsad
                        EC-COM/537/2025
                            A.R., J.