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2024 DAILYLAW 1885 (CAL)

B P PODDAR HOSPITAL AND MEDICAL RESEARCH LTD v. UCO BANK

EC/55/2024 · 2026-01-14

Ananya Bandyopadhyay

body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

ORDER SHEET OD-12 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE EC/55/2024 WITH CS/185/2018 IA NO: GA/1/2024 B P PODDAR HOSPITAL AND MEDICAL RESEARCH LTD VS UCO BANK BEFORE: The Hon’ble JUSTICE ANANYA BANDYOPADHYAY Date: 14th January, 2026. Appearance : Mr. S. Bhattacharyya, Adv. Mr. S. Biswas, Adv. Mr. A. Bera, Adv. For the plaintiff Mr. Indradeep Basu, Adv. For the judgement debtor The Court:- CS/185/2018 was disposed of. Subsequently a decree was drawn up on 13th May, 2024. Subsequently, for non-compliance of the decree as aforesaid EC/55/2024 had been instituted in connection with CS/185/2018. Vide order dated 18th November, 2025, this Court passed the following order: “The Learned Advocate representing the Decree Holder referred to the Division Bench order dated 14th August, 2025 whereby the order dated 20th December, 2023 passed in CS/185/2018 in IA No: GA/3/2021 passed by the co-ordinate Bench of this Court was confirmed. 2 Learned Advocate representing the judgment debtor reiterated the stance as on 9th September, 2025 seeking three weeks further time to disburse the decretal amount as per the judgment dated 20th December, 2023 passed in CS/185/2018 as well as judgment date August 14, 2025 as aforesaid. The Learned Advocate representing the judgment debtor has to file an undertaking, in case the judgment debtor fails to obtain an order 2 from the Hon’ble Supreme Court, the judgment debtor while pay the entire decretal amount within three weeks. The undertaking of the judgment debtor is to be filed day after tomorrow. Next date be fixed on 28th November, 2025.” On 28th November, 2025 this Court passed the order as follows : “In compliance with the order dated 18th November, 2025, learned advocate representing the respondent/judgment-debtor has filed an undertaking that in case the judgment-debtor fails to obtain an order from the Hon’ble Supreme Court, the judgment- debtor shall pay the entire decretal amount within three weeks from passing of the order by this Court. Let the same be kept on record along with the affidavit of competency. Next date be fixed on 22nd December, 2025.” On 22nd December, 2025, this Court passed the order as follows : “The learned advocates representing the decree holder has placed an order passed by the Hon’ble Supreme Court in a Special Leave Petition (C) Diary No. 62545/2025 whereby the same had been dismissed. The order dated 28th November, 2025 was passed by this Court directing the judgement debtor to file an undertaking that in case 3 the judgement debtor failed to obtain an order from the Hon’ble Supreme Court, the judgement debtor should pay the entire decretal amount within three weeks from passing of the order by this Court. The judgement debtor in compliance with the aforesaid order has placed the order of the Supreme Court whereby SLP had been dismissed. The learned 2 advocate representing the judgement debtor submitted the intention of the judgement debtor to pay the decretal amount of Rs.4 Crores approximately after seeking the necessary directions from the head office of the judgement debtor since the zonal office at Strand Road, Kolkata, had not been in a position to take any administrative decision though to comply with the order of this Court. The learned advocate representing the judgement debtor is to file an affidavit after seeking instruction from the head office of the judgement debtor that the decretal amount will be paid within 15 days. The officer of the judgement debtor is to be present before this Court along with the affidavit on the next date of hearing. The next date be fixed on 9th January, 2026.” On 9th January, 2026, this Court passed the order as follows : “Learned Advocate representing the judgment-debtor has placed certain documents with regard to the money receipt dated 8th January, 2026, whereby the decree-holder stated to have received Rs.2,78,62,272.00/-( Rupees Two Crore Seventy Eight Lakh Sixty Two Thousand Two Hundred Seventy Two Only) in respect of principal amount through Demand Draft No. 1801050 against Reference No. COD/001/279876. A further money receipt of the similar date had been issued by the decree-holder for receiving a sum of Rs. 1,58,14,916/-( Rupees One Crore Fifty Eight Lakh Fourteen Thousand Nine 2 Hundred Sixteen Only) in 4 respect of the interest paid till 7th January, 2026 through Demand Draft No. 1801049 against Reference No. COD/001/279875. Let the said documents along with the copies of the demand drafts be kept on record. Copies of the same have been served upon the learned Advocate representing the decree-holder who seeks a day’s time to ascertain from the decree-holder as to whether the amount of principal and the amount of interest have been appropriately calculated. The next date be fixed on 14th January, 2026. The personal appearance of the bank official is noted and dispensed with.” Today, at the time of hearing, the learned advocate representing the Deceree Holder submitted that the decreetal amount as well as the interest as stated in the order dated 9th January, 2026 had been correctly disbursed in favour of the Decree Holder. No further issue is left to be adjudicated. The decree as aforesaid has been satisfactorily complied with. Accordingly, the instant execution application being EC/55/2024 is disposed of. (ANANYA BANDYOPADHYAY, J.) A Dey