The State Of West Bengal And Ors vs M/S. B.B.M. Enterprise
2026 Latest Caselaw 1404 Cal/2

Calcutta High Court

The State Of West Bengal And Ors vs M/S. B.B.M. Enterprise on 25 February, 2026

OCD-21                                                                               2023:CHC-OS:1728


                              ORDER SHEET

                   IN THE HIGH COURT AT CALCUTTA
                        COMMERCIAL DIVISION
                            ORIGINAL SIDE

                         IA NO. GA-COM/5/2026
                                   In
                              AP/808/2022

                THE STATE OF WEST BENGAL AND ORS.
                                Vs
                      M/S. B.B.M. ENTERPRISE

  BEFORE:
  The Hon'ble JUSTICE GAURANG KANTH
  Date : 25th February, 2026.
                                                                    Appearance:
                                                      Ms. Noelle Banerjee, Adv.
                                                       Mr. Paritosh Sinha, AoR
                                                     Mr. Arindam Mandal, Adv.
                                                     Ms. Swagata Ghosh, Adv.
                                                                  ...for the state

                                                    Mr. Sakya Sen, Sr. Adv.(VC)
                                                        Mr. Supratik Basu, Adv.
                                                     Ms. Nilanjana Adhya, Adv.


     The Court: This is an application filed by the petitioner seeking further

extension of time to deposit a sum of Rs.5,32,80,181/- as directed by this

Court vide Judgment dated 19.08.2025.

     By the said Judgment dated 19.08.2025, this Court directed the

petitioner to deposit the balance awarded amount of Rs.5,32,80,181/- by

way of cash security/demand draft to the satisfaction of the Registrar,

Original Side, High Court at Calcutta, within a period of 8 weeks. The

petitioner thereafter preferred Special Leave Petitions (Civil) being nos.

31165-31166 of 2025 before the Hon'ble Supreme Court which came to be

dismissed by order dated 14.11.2025. Subsequently, the respondent

initiated execution proceedings being EC/12/2023. This Court vide order

dated 08.01.2026, granted a further extension of 6 weeks time to the 2023:CHC-OS:1728

applicant to comply with the earlier order.

Despite the dismissal of the Special Leave Petitions and the

indulgence already shown by this Court, the petitioner has failed to comply

with the conditional order of deposit.

The present application seeks yet another extension till 19th March,

2026 on grounds stated to justify continued non-compliance. This Court

cannot overlook the fact that repeated extensions in matters involving

monetary deposits adversely affect the rights of the decree-holder and dilute

the sanctity and binding character of judicial orders. Conditional directions

passed by this Court are required to be complied within the stipulated time

and extensions cannot be sought as a matter of routine. The conduct of the

petitioner does not inspire confidence and reflects a lack of due diligence in

complying with the orders of this Court. However, in order to balance

equities and to avoid multiplicity of proceedings, this Court as a matter of

last indulgence and without recording any approval of the petitioner's

conduct, grants a final extension till 19th March, 2026 for the applicant to

deposit the aforesaid sum with the Registrar, Original Side.

It is made clear that this extension is pre-emptory in nature. In the

event of failure to deposit the said amount within the extended time, this

Court shall proceed forthwith in accordance with law, including taking

cohesive steps for recovery without entertaining any further application for

extension.

Let the matter be listed for compliance on 1st April, 2026.

(GAURANG KANTH, J.)

S. A. AR (CR )