Mittal Technopack Private Limited vs Nakul Himatsinghka
2026 Latest Caselaw 1509 Cal/2

Calcutta High Court

Mittal Technopack Private Limited vs Nakul Himatsinghka on 27 February, 2026

OCD-18
                                  ORDER SHEET

                       IN THE HIGH COURT AT CALCUTTA
                            COMMERCIAL DIVISION
                                ORIGINAL SIDE


                               AP-COM/161/2026

                    MITTAL TECHNOPACK PRIVATE LIMITED
                                   VS
                           NAKUL HIMATSINGHKA

BEFORE:
THE HON'BLE JUSTICE GAURANG KANTH
Date: 27th February, 2026.
                                                                           Appearance:
                                                       Mr. Aniruddha Mitra, Sr. Adv.
                                                 Mr. Shatadru Chakraborty, Sr. Adv.
                                                               Mr. Debraj Saha, Adv.
                                                                Ms. Jyoti Rauth, Adv.
                                                         Mr. Bhaskar Dwivedi, Adv.
                                                            Ms. Antara Biswas, Adv.
                                                           Mr. Tamoghna Saha, Adv.
                                                                   ...for the petitioner

                                                            Mr. Rishad Medora, Adv.
                                                           Mr. Samriddha Sen, Adv.
                                                        Mr. Ramendu Agarwal, Adv.
                                                           Ms. Priyanka Dutta, Adv.
                                                       Ms. Apoorva Choudhury, Adv.
                                                                ...for the respondent

The Court: Affidavit of service is taken or record.

This is a petition filed by the petitioner under Section 27 of the

Arbitration and Conciliation Act, 1996 alleging wilful disobedience of the

order dated 28th August, 2025 passed by the learned sole arbitrator Justice

Aloke Chakraboarti (Retired) in the arbitration proceedings.

Learned Counsel for the petitioner submits that in wilful disobedience

of the order dated 28th August, 2025 passed by the learned sole arbitrator,

the respondent operated the Bank Account No.57500000308791 of Ideal

Real Estates Private Limited maintained with HDFC Bank Limited at

Chowringhee Road Branch and withdrew money without maintaining the

minimum balance of Rs.5,85,00,000/-.

It is further submitted by the learned Senior Counsel for the petitioner

that the learned arbitrator vide order dated 18th February, 2026, referred

the present matter to this court, being the appropriate Court, for such

orders as may be deemed fit and proper, including orders imposing

penalties and punishments upon Contemnor No. 1 for the wilful, deliberate

and contumacious violation of the order dated 28th August, 2025 passed by

the arbitral tribunal.

Learned Counsel for the respondent submits that an amount of

Rs.1,43,57,975/- has been withdrawn from the said account and that he

has already deposited an amount of Rs.1,05,00,000/- and undertakes to

deposit the balance amount within a period of ten days.

Learned Counsel for the respondent is directed to file affidavit

explaining why contempt proceedings shall not be initiated against him for

the wilful disobedience of the order dated 28th August, 2025 passed by the

arbitral tribunal, within a period of two weeks. The contemnor shall remain

present in Court on the next date of hearing.

List the matter on 9th April, 2026.

(GAURANG KANTH, J.)

S. A. AR (CR)