Brescon Partners Llp & Ors vs Ashok Kumar Agarwal & Ors
2026 Latest Caselaw 3602 Cal/2

Calcutta High Court

Brescon Partners Llp & Ors vs Ashok Kumar Agarwal & Ors on 4 May, 2026

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

OC-1
                                  ORDER SHEET

                                IA No.GA/1/2019
                                       IN
                               CS-COM/150/2024
                             (OLD No.CS/103/2019)
                        IN THE HIGH COURT AT CALCUTTA
                             COMMERCIAL DIVISION
                                 ORIGINAL SIDE


                        BRESCON PARTNERS LLP & ORS.
                                   VS.
                        ASHOK KUMAR AGARWAL & ORS.


BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 4th May, 2026.

Ms. Nafisa Yasmin, Advocate for the plaintiffs.

Mr. Arnab Mukherjee, Mrs. Madhurima Mukherjee, Advocates for defendant nos.1, 2 and 5.

Re : CS-COM/150/2024

The Court : By consent of the parties, CS-COM 150 of 2024 is treated

as on the day's list.

It is submitted by the plaintiffs that pursuant to the order dated 13th

November, 2025 the plaintiffs have effected substituted service on defendant

nos.4 and 6. A photocopy of the paper publication along with the affidavit of

service is placed before the Court by the learned Advocate for the plaintiffs.

It is submitted that this affidavit of service has been filed before the

department on 12th December, 2025. Since substituted service has been

effected, there is as such no embargo in the suit proceedings against the

defendant nos.4 and 6.

The defendant nos.1, 2 and 5 are represented. It is submitted by the

said defendants that pursuant to the order dated 17th March, 2026 the said

defendants have filed three separate written statements in the department,

copies whereof have been served on the learned Advocate for the plaintiffs.

Learned Advocate for the plaintiffs acknowledges receipt of the written

statements.

The defendant no.3 had appeared when the matter was last taken up

on 6th April, 2026. Today the defendant no.3 remains represented.

It is submitted by the learned Advocate for the plaintiffs that the

plaintiffs have not yet received any written statement from the defendant

no.3.

The parties will be at liberty to take appropriate steps for making the

suit ready for being heard. It will be open to the plaintiffs to disclose their

documents and give inspection thereof by 12th June, 2026. The defendants

will be entitled to disclose their documents and give inspection thereof by

3rd July, 2026. The plaintiffs will then prepare the Judge's brief of

documents and file the same in the department. Once the Judge's brief of

documents are filed, the department shall take appropriate steps for making

the suit ready for witness action.

The suit is, therefore, directed to go out of the list for the time being.

The plaintiffs shall communicate this order to the non-appearing

defendants and/or their advocates.

Re : GA/1/2019

Learned Advocates for the plaintiffs and the defendant nos.1, 2 and 5

are present.

Learned Advocate for the plaintiffs submits that she needs to take

instructions from her clients as to whether they intend to proceed with this

application.

The application is adjourned and shall appear in the monthly list of

June, 2026.

(ARINDAM MUKHERJEE, J.)

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