Bharat Coking Coal Ltd vs Turner Morrison Limited & Ors
2026 Latest Caselaw 1387 Cal/2

Calcutta High Court

Bharat Coking Coal Ltd vs Turner Morrison Limited & Ors on 25 February, 2026

Author: Supratim Bhattacharya

Bench: Sabyasachi Bhattacharyya, Supratim Bhattacharya

OD-8                                                                                          2019:CHC-OS:115-DB

                            IN THE HIGH COURT AT CALCUTTA
                             CIVIL APPELLATE JURISDICTION
                                       ORIGINAL SIDE

                                     APO/144/2016
                                    WITH CS/45/2013
                                     OCOT/19/2015
       IA NO: GA/5/2016(Old No:GA/1808/2016), GA/7/2019, GA/9/2025

                           BHARAT COKING COAL LTD.
                                     VS
                        TURNER MORRISON LIMITED & ORS.

BEFORE :
THE HON'BLE JUSTICE SABYASACHI BHATTACHARYYA
THE HON'BLE JUSTICE SUPRATIM BHATTACHARYA
Date : 25th February, 2026
                                                                                    Appearance :
                                                                             Mr. Pranit Bag, Adv.
                                                                        Mr. Debabrata Das, Adv.
                                                                   Mr. Saptarshi Mukherjee, Adv.
                                                       Mr. Tirthankar Nandi, Adv. ...for appellant.

                                                                          Mr. Rupak Ghosh, Adv.
                                                                          Mr. Varun Kothari, Adv.
                                                   Mr. Subhransu Ganguly, Adv. ...for respondent. .

The Court : - Learned counsel appearing for the appellant submits that vide

order dated September 24, 2025, the court had directed an account to be opened in the

name of the suit positively on or before October 31, 2025.

Such account was opened and duly intimated to the respondents through

counsel. However, the subsequent cheque, which was due to be deposited within

November 10, 2025, was obtained only on November 27, 2025 and, as such, the same

could be deposited in time. Accordingly, the subsequent deposits till date could not also

be made, for which the appellant seeks acceptance of the said belated deposits upon

condonation of delay and leave to deposit such arrears in terms of the order dated

September 24, 2025.

Learned counsel appearing for the respondents points out that the prayer made

in the application is defective to the extent that permission to deposit the dues with the

Registrar, and not in the concerned bank account, has been sought for. Learned

counsel appearing for the appellant clarifies that it is a typographical error.

Accordingly, on the prayer of the appellant, we modify the prayers made in the 2019:CHC-OS:115-DB

present application and, upon condonation of the delay in depositing the amounts due

since November, 2025, the appellant is permitted to deposit the entire dues till date in

the concerned account in the name of the suit by tomorrow [26.2.2026].

In the event such deposit is made, the same will be construed to be in

consonance with the direction dated September 24, 2025.

It is made clear that the subsequent deposits shall be made by the appellant in

time as per the direction dated September 24, 2025.

Needless to say, the HDFC bank, with which the concerned account has been

opened, shall remit the dues of the respondents pursuant to the order dated December

20, 2019 in respect of the entire amount of such deposit.

GA/9/2025 is disposed of accordingly in the light of the above observations.

There will be no order as to costs.

(SABYASACHI BHATTACHARYYA, J.)

(SUPRATIM BHATTACHARYA, J)

pkd/nm.