Aranyak Jewellers Pvt. Ltd. & Others vs Shyam Sundar Co. Jewellers Pvt. Limited
2025 Latest Caselaw 97 Tri

Tripura High Court

Aranyak Jewellers Pvt. Ltd. & Others vs Shyam Sundar Co. Jewellers Pvt. Limited on 1 July, 2025

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                        HIGH COURT OF TRIPURA
                              AGARTALA
        IA No.03/2025 in Commercial Appeal No.02 of 2024 (D/O)
Aranyak Jewellers Pvt. Ltd. & others
                                                            .........Applicant(s);
                                   Versus
Shyam Sundar Co. Jewellers Pvt. Limited
                                                          .........Respondent(s)

For Applicant(s) : Mr. Haradhan Sarkar, Advocate, Mr. Anuj Singh, Advocate, Mr. Abhishek Das, Advocate.

For Respondent(s)         : Ms. Sonal Shah, Advocate,
                            Mr. Kousik Roy, Advocate.

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON'BLE MR. JUSTICE S.D. PURKAYASTHA

Order 01/07/2025

The present interlocutory application has been preferred in

Commercial Appeal No.02/2024 disposed of vide judgment dated 11.02.2025.

The directions contained in paragraph 13 of the judgment as clarified by orders

dated 18.03.2025 in IA No.02/2025 and 09.04.2025 in Commercial Appeal No.

02/2024 (D/O) are being carried out.

Learned counsel for the applicants and respondent both referred to

sub-para (ii) of paragraph 13 and pointed out that this Court had directed such

gold ornaments to be kept in safe custody of the learned Trial Court in a bank

locker. The purport of the direction was that the gold ornaments should be kept

in safe custody in a bank locker to be opened by the learned Trial Court. Since

appellant No.1 cannot open a bank account in view of the circular dated

29.10.2021 [Annexure-5] issued by the Reserve Bank of India, the learned Trial

Court has in the order dated 29.04.2025 and the learned District Judge, to

whom this issue has been referred by the learned Commercial Court, vide its

order dated 26.05.2025 indicated that in view of the specific directions

contained in the judgment dated 11.02.2025 by this Court in paragraph 13(ii)

any modification in the direction contained in paragraph 13(ii) regarding

opening of the bank locker by appellant No.1 can be done at the instance of this

Court only. However both the orders have not been brought on record.

Learned counsel for the applicants submits that they have applied

for certified copy of the order which has not yet been issued. If permitted, they

would bring the web copy of the order on record by Monday (07.07.2025).

In the meantime, the learned Commercial Court would submit a

report as to why the directions contained in the judgment dated 11.02.2025,

specifically at paragraph 13(ii), could not be carried out. The learned

Commercial Court would also clarify as to whether there is any technical

difficulty in opening a bank locker at the instance of the learned Trial Court for

keeping the gold ornaments in safe custody as per the directions of this Court.

Let such report be also submitted by Monday (07.07.2025).

List the matter on 08.07.2025.

(S.D. PURKAYASTHA), J (APARESH KUMAR SINGH), CJ

Pijush/ MUNNA SAHA Digitally signed by MUNNA SAHA Date: 2025.07.02 16:57:29 +05'30'