Calcutta Stock Exchange Ltd vs Anuradha Malik
2026 Latest Caselaw 463 Cal/2

Calcutta High Court

Calcutta Stock Exchange Ltd vs Anuradha Malik on 3 February, 2026

Author: Aniruddha Roy

Bench: Aniruddha Roy

OCD-4



                         In The High Court at Calcutta
                             [Commercial Division]
                                Original Side

                               CS-COM/179/2025

                     CALCUTTA STOCK EXCHANGE LTD.
                                  VS
                           ANURADHA MALIK

BEFORE :
THE HON'BLE JUSTICE ANIRUDDHA ROY
Date : February 3, 2026.

                                                                     Appearance :
                                                            Mr. Dutimay Paul, Adv.
                                                    Mr. Uttam Kumar Mondal, Adv.
                                                            Mrs. Maitree Ray, Adv.
                                                                  ...for the plaintiff

                                                             Mr. Shayak Mitra, Adv.
                                                               Mr. Arnab Roy, Adv.
                                                                 ...for the defendant


         The Court :- This is a commercial suit.

         The matter is placed before this Court following the directions of the

Hon'ble Division Bench.

         The relevant directions of the Hon'ble Division Bench are quoted

below:

                      "In view of the order dated December 20, 2019 passed in
                APD No. 125 of 2016, the judgment and decree in this case
                cannot be sustained. Accordingly, the judgment and decree
                dated May 12, 2016 stand set aside. The matter is sent back on
                open remand for fresh consideration by the trail court - of both
                the claim and the counter-claim - upon permitting further
                documents to be disclosed by both sets of parties. The evidence
                has to be received afresh in the light of the further documents
                that may be disclosed and to such extent as may be considered
                                             2


                 necessary by the trail Court. All points and grounds are left
                 open to be considered in course of the fresh trial that is to be
                 conducted.
                        The securities furnished as condition precedent for the
                 operation of the decree to be stayed, should be returned within
                 four weeks from date by the Registrar, Original Side to the
                 defendant.
                        It also appears that security was required to be furnished
                 by the defendant because of its belated filing of the written
                 statement. In the light of the present order and the trial being
                 required to be conducted afresh, it will be open to the defendant
                 to seek a refund of such security before the trial court."



          By consent of the parties, the following directions are made.

                 a) The plaintiff shall disclose the documents and shall
                     prepare Judge's Brief of Documents on or before April 2,
                     2026.
                 b) The defendant shall disclose its documents and prepare
                     Judge's Brief of Documents on or before April 30, 2026.
                 c) Cross order, discovery and inspection including admission
                     and denial of the documents shall be completed on or
                     before June 10, 2026.


          After the aforesaid period will elapse, the parties shall be at liberty to

mention the suit for inclusion in the list for further direction for filing

evidence on affidavit, upon notice to each other.



                                                              (ANIRUDDHA ROY, J.)



Sbghosh


                                   CS-COM/179/2025
                                           A.R., J.