Citation : 2026 Latest Caselaw 1397 Cal/2
Judgement Date : 25 February, 2026
OCD-14
In the High Court at Calcutta
Commercial Division
Original Side
IA No. GA-COM/3/2023
[Old No. CS/190/2022]
In CS-COM/417/2024
TECHWOOL TRADING PROPRIETARY LIMITED
VS
UNIWORTH TEXTILES LIMITED AND ORS
BEFORE:
The Hon'ble JUSTICE ANIRUDDHA ROY
Date : February 25, 2026.
Appearance:
Mr. Jayanta Sengupta, Adv.
Mr. Rahul Auddy, Adv.
Ms. Arpan Lah, Adv.
... for the plaintiff
The Court : The plaintiff is the seller of goods. The defendants are
purchasers. The claim of the plaintiff in the plaint is against all the
defendants collectively.
The defendant no.1 has undergone an insolvency proceeding and the
relevant proceeding is pending before the jurisdictional NCLT, as this Court
has been informed by Mr. Jayanta Sengupta, learned Advocate appearing for
the plaintiff.
The affidavit of service filed in Court today, is taken on record, would
show that despite notice, the concerned Resolution Professional is not
represented, neither any accommodation has been sought on his behalf.
Once the defendant no.1 has gone into insolvency resolution process, the
concerned Resolution Professional should represent the defendant no.1
before this Court in this matter.
2
In view of the above, the plaintiff shall be at liberty to mention the
matter before the jurisdictional NCLT, upon a further notice to concerned
Resolution Professional to bring this fact before the NCLT. The plaintiff shall
also place the copy of the order dated November 25, 2025 along with the
copy of today's order before the NCLT informing it that in the event, the
Resolution Professional is not represented, the matter may proceed in its
absence.
The plaintiff shall affirm an affidavit on the next day describing the
development on the issue before this Court in the light of the order passed
today.
The matter shall appear under the heading "Chamber Application
for Final Disposal" on March 24, 2026.
(ANIRUDDHA ROY, J.)
RS
IA No. GA-COM/3/2023
[Old No. CS/190/2022]
In CS-COM/417/2024
A.R., J.
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