Utkarsh India Limited vs Ankur Kumar Mishra
2026 Latest Caselaw 3 Cal/2

Calcutta High Court

Utkarsh India Limited vs Ankur Kumar Mishra on 5 January, 2026

Author: Aniruddha Roy

Bench: Aniruddha Roy

OC-5


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

                           IA NO. GA-COM/1/2025
                            In EC-COM/126/2024

                          UTKARSH INDIA LIMITED
                                   Vs
                          ANKUR KUMAR MISHRA

BEFORE :
THE HON'BLE JUSTICE ANIRUDDHA ROY
Date :5th January, 2026.
                                                                       Appearance :
                                                              Mr. Rupak Ghosh, Adv.
                                                               Mr. S. Banerjee, Adv.
                                                             Mr. Dwip Raj Basu, Adv.
                                                              ... for the decree holder.

                                                       Mr. Nilendu Bhattacharya, Adv.
                                                      Mr. Arun Kumar Upadhyay, Adv.
                                                           ... for the judgment debtor.




       The Court :- This is an application in connection with execution of a

decree dated July 3, 2023 for a sum of Rs. 37,58,376/-.

       The record shows that by an order dated April 18, 2024, since the

money decree had not been satisfied, Warrant of Arrest was issued against

the judgment debtor Shri Ankur Kumar Mishra.       The judgment debtor is

present in Court today.

       In course of examination of the judgment debtor, he has admitted the

dues and also admitted that despite there being an order of injunction, he

has removed money from the bank account.

       Be that as it may, orders passed from time to time would show

repeated opportunities were granted to the judgment debtor to deposit the
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decretal dues and/or part of it, even in truncated manner, but till date not a

single farthing has been deposited. The orders dated November 27, 2025,

December 1, 2025 and December 11, 2025 passed by this Court would

show that sufficient indulgence and opportunities have been granted to the

judgment debtor. The Court is now of the view that, there is no bonafide on

the part of the judgment debtor to satisfy the decree.

        There is no reason why the judgment debtor shall not be arrested as

the previous order was also there for arrest and in violation of the order of

injunction dated March 21, 2024 the judgment debtor has acted.

        There is no bonafide on the part of the judgment debtor and on the

contrary the records including the deposition of the judgment debtor in

course of examination on his affidavit of assets, shows he has acted in a

manner to defeat the decree.

        In view of the above, the office of the Sheriff/Deputy Sheriff shall

take steps to cause arrest of the judgment debtor in accordance with law

forth with.

        Accordingly, IA No. GA-COM/1/2025 stands allowed on the above

terms, without any order as to costs.



                                                         (ANIRUDDHA ROY, J.)



mg/dg




                               IA NO. GA-COM/1/2025
                                In EC-COM/126/2024
                                           A.R., J.