Vineet Choudhary vs Bank Of Baroda And Ors
2026 Latest Caselaw 2056 Cal/2

Calcutta High Court

Vineet Choudhary vs Bank Of Baroda And Ors on 19 March, 2026

Author: Aniruddha Roy

Bench: Aniruddha Roy

OCD-10

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

                             IA NO. GA-COM/3/2025
                              [OLD NO CS/67/2023]
                                       In
                                CS-COM/489/2024

                             VINEET CHOUDHARY
                                     Vs
                          BANK OF BARODA AND ORS.

BEFORE :
THE HON'BLE JUSTICE ANIRUDDHA ROY
Date :19th March, 2026
                                                                      Appearance:
                                                           Mr. Varun Kothari, Adv.
                                                     Mr. Vishwarup Acharyya, Adv.
                                                                  ...for the plaintiff

                                                          Mr. Dipanjan Datta, Adv.
                                                             Ms. Esha Basak, Adv.
                                                               ...for the defendant


          The Court :- Pursuant to the earlier direction of the Court, time to file

affidavit-in-opposition stands extended till today.

          The affidavit-in-opposition filed in Court today is taken on record.

          The affidavit-in-reply filed by the plaintiff/applicant is already on

record.

          This is an application for restoration of a restoration application

which was dismissed on July 22, 2025. The parent dismissal order is dated

November 25, 2024.

          Mr.   Varun     Kothari,    learned    Advocate,    appears     for    the

plaintiff/applicant. He submits that in view of the grounds mentioned in the

application being cogent and sufficient, the delay of about 105 days in
                                         2

presenting this application be condoned and the order of dismissal be

recalled.

         Ms. Esha Basak, learned Advocate, led by Mr. Dipanjan Datta,

learned Advocate appearing for the defendant no.1 has opposed this

application vehemently and rigorously. She submits that the grounds shown

are not sufficient to be considered for condonation of the huge delay.

         After considering the rival submissions made on behalf of the parties

and on perusal of the materials on record and for the ends of justice and

further keeping in mind that procedural laches shall not be the cause to

suffer substantial justice, the grounds are accepted to be just and cogent.

         Sufficient grounds being shown, the delay stands condoned subject

to payment of cost of Rs.25,000/- to be paid by the plaintiff to the

defendant no.1. The account details and particulars of the defendant no.1

shall be communicated by the learned Advocate-on-Record for the defendant

no.1 to the learned Advocate-on-Record for the plaintiff within seven days

from date and the plaintiff shall deposit the cost within a further period of

seven days from the date of receiving the account details.

         Subject to above terms, the delay shall be condoned and the order

dated July 22, 2025 shall be recalled.

         On the above terms, IA NO. GA-COM/3/2025 stands disposed of.




                                                      (ANIRUDDHA ROY, J.)


R.Bhar/R.D.Barua

                                    GA-COM/3/2025
                                 In CS-COM/489/2024
                                         A.R., J.