OCD- 9 & 10
In The High Court at Calcutta
Commercial Division
Original Side
IA NO. GA-COM/1/2025
In CS-COM/154/2025
LUX INDUSTRIES LIMITED
Vs
MAYER AND CIE. GMBH AND CO. KG AND ANR
-AND-
IA NO. GA-COM/2/2025
In CS-COM/154/2025
LUX INDUSTRIES LIMITED
Vs
MAYER AND CIE. GMBH AND CO. KG AND ANR
BEFORE:
The Hon'ble JUSTICE ANIRUDDHA ROY
Date : February 18, 2026.
Appearance:
Mr. Suddhasatva Banerjee,Adv.
Mr. Debanjan Mandal, Adv.
Mr. Debayan Sen, Adv.
Mr. Shashwat Nayak, Adv.
Ms. Mahima Cholesa, Adv.
Ms. Anwesha Sinha, Adv.
Mr. Niket Ojha, Adv.
...for the plaintiff-petitioner.
Miss. Sweta Mukherjee, Adv.
Ms. Sakshi Banerjee,
..for the respondent no. 2/HDFC Bank Ltd.
The Court: The orders galore passed in this suit would depict the entire
facts and circumstances, where orders have been passed.
The order of injunction was passed by this Court on October 16, 2025.
The inescapable facts are only stated herein. The plaintiff is the purchaser
of certain goods and the defendant no. 1, a German Company is the seller of those
goods. The defendant no. 2/ the Bank has issued the letter of credit covering the
sale price. The German Company has gone under the insolvency process under the
appropriate law of Germany. Despite repeated notices, the German Company has
2
not been represented. In such circumstance, pursuant to the direction of this
Court, the Bank has secured the entire price of the goods, which was covered
under the subject letter of credit and the amount is lying as a security with the
Register, Original Side.
At this juncture, Mr. Suddhasatva Banerjee, learned counsel appearing for
the plaintiff submits that the German Company, since having been gone in a
liquidation proceeding at Germany, may not be represented in this suit any further.
The amount lying with the Registrar, Original Side covering the entire sale
consideration of the goods, can be withdrawn and paid off to the said Garman
Company through the Bank, so that the plaintiff no. 1 becomes liability free and
the Bank will also not have to renew the letter of credit any further.
Ms. Sweta Mukherjee, learned advocate appearing for the Bank submits
that her client has no objection if the arrangement is worked out as proposed by
the plaintiff.
After considering the submissions made on behalf of the parties, this Court
is of the view that, if the plaintiff is willing to pay off its dues on account of the sale
proceeds to the German Company through the Bank, this will be an act without
any supervision of the Court and the Court will also not be aware of the actual fact
situation what will be happening. After all, the German Company is impleaded as
the first defendant in this suit, it might not have been represented; but since a
valid claim of the defendant no. 1, on account of sale consideration, has been
admitted by the plaintiff- purchaser, this Court is of the view that, without filing a
proper terms of settlement in accordance with law amongst the parties or without
having any representation from the defendant no. 1/the German Company, the
money cannot be released. The money shall remain under the custody of this Court
through the Registrar, Original Side. If the defendant no. 1 comes and claims the
amount, such claim then shall be decided in accordance with law.
CS-COM/154/2025,
GA-COM/1/2025,
GA-COM/2/2025
A.R., J.
Since the amount shall lie with the Registrar, Original Side, the Bank
shall continue with renewal of the letter of credit in accordance with law. In the
event, a proper terms of settlement is arrived at amongst the parties in accordance
with law or the defendant no. 1 is represented before this Court, then the parties
shall be at liberty to mention the suit upon notice to each other.
The interim order passed on October 16, 2025, extended from time to
time, stands confirmed until disposal of the suit.
In view of the above, nothing further survives in the injunction application.
Accordingly, GA-COM/1/2025 stands disposed of.
On the joint submissions of the parties, since the Joint Receivers have
already been discharged, the application for appointment of Receiver being GA-
COM/2/2025 also stands disposed of, without any order as to costs.
The suit shall remain pending.
(ANIRUDDHA ROY, J.)
Arsad
CS-COM/154/2025,
GA-COM/1/2025,
GA-COM/2/2025
A.R., J.
