Ifb Industries Limited vs National Insurance Company Limited
2026 Latest Caselaw 213 Cal/2

Calcutta High Court

Ifb Industries Limited vs National Insurance Company Limited on 22 January, 2026

Author: Ravi Krishan Kapur

Bench: Ravi Krishan Kapur

OD-6

                        IN THE HIGH COURT AT CALCUTTA
                         Ordinary Original Civil Jurisdiction
                               (Commercial Division)
                                  ORIGINAL SIDE

                              IA NO. GA-COM/4/2026
                                        In
                                CS-COM/601/2024

                           IFB INDUSTRIES LIMITED
                                     Vs
                    NATIONAL INSURANCE COMPANY LIMITED

BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR

Date : 22nd January, 2026 Appearance:

Mr. Shatanshu Panda, Adv.

Mr. Anunoy Basu, Adv.

Mr.Shambo Dutta, Adv.

Ms. Sananda Ganguli, Adv.

The Court: This is an application seeking modification of the order dated 11

December, 2025. The order dated 11 December, 2025 inter-alia reads as follows :

"Upon payment of cost assessed at 2000 gms payable to the plaintiff, the

time to file the Affidavit in Opposition stands peremptorily extended till 15 January, 2026. Reply, if any, by 24 January, 2026.

Let this matter appear on 27 January, 2026.

It is submitted on behalf of the National Insurance Company Limited that

insofar as the order dated 11 December, 2025 directs payment of costs, the same

be waived because the National Insurance Company is a public sector undertaking

and their officers get transferred in a routine manner. Hence, the delay in

obtaining the records and instructions pertaining to this case.

The suit is for a declaration that the repudiation is null and void. The suit

was filed as far back as in 2024. The present interlocutory application is for

judgment upon admission and was filed on 25 September, 2025. Thereafter, by an

order dated 29 October, 2025, the parties were directed to exchange affidavits. The

plaintiff was directed to file their Affidavit-in-Opposition within three weeks from

29 October, 2025. Subsequently, by the order dated 11 December, 2025 in view of

the admitted delay on the part of the plaintiff in complying with the directions of

Court, a peremptory direction was given subject to payment of costs. Admittedly,

this application has also been filed after a period of 35 days from the order dated

11 December, 2025.

The suit is a Commercial Suit. The plaintiff had been given more than

sufficient time to file their Affidavit-in-Opposition. There is no justifiable reason

why the plaintiff should be treated as a privilege litigant. The directions of Court

cannot be lightly and casually taken.

The ground of the defendant being a public sector undertaking or that their

officers getting routinely transferred is frivolous and untenable. The delay of 35

days after the passing of the order dated 11 December, 2025 in filing this

application is also without justifiable reason.

In such circumstances, there is no merit in this application. The application

being GA-COM/4/2026 is dismissed with costs assessed at 2000 gms. to be paid

to the plaintiff. It is made clear that the above costs is a pre-condition to any steps

taken by the plaintiff in the suit including filing of the Affidavit-in-Opposition.

(RAVI KRISHAN KAPUR, J.) spal