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2025 DAILYLAW 2561 (GAU)

SOMNATH CHATTERJEE v. B AND A LIMITED

I.A.(Civil)/3983/2025 · 2026-01-27

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/6 GAHC010216072025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : FAO/62/2025 SOMNATH CHATTERJEE S/O. LT. TARINI CHARAN CHATTARJEE, R/O. GC-77, SALT LAKE, SECTOR-II, KOLKATA-700096, WEST BENGAL VERSUS B AND A LIMITED AND 2 ORS. AN EXISTING CO. WITHIN THE MEANING OF THE COMPANIES ACT, 2013 HAVING ITS REGD. OFFICE PREVIOUSLY AT INDU BHAVAN, MAHATMA GANDHI ROAD, JORHAT-785001, ASSAM AND PRESENTLY AT VILL.- GARIABABI, CHIRANG, MOUZA KHANGIA, DIST. JORHAT, ASSAM, PIN- 785006. 2:SHARMILA VIJAY SHETTY RESIDING AT B-32 TURF VIEW SETH MOTILAL SINGHI MARG MUMBAI-400018. 3:HDFC BANK LTD. CARRING ON BUISNESS INTER ALIA FROM 11 U.N. BRAHMACHAL STREET KOLKATA-700017 WEST BENGA Advocate for the Petitioner : MR. W SHARMA, S SENGUPTA,MR P GOGOI,MR. A K SAHEWALLA Advocate for the Respondent : MR. P BORAH, MR R CHAKRAVORTY(R-3),MR. P SARMAH (R- 3),R BASUMATARY (R-3),FOR CAVEATOR,MR. S HAZARIKA,MR B KAUSHIK,K BHARALI,MR. S HAZARIKA Page No.# 2/6 Linked Case : I.A.(Civil)/4154/2025 HDFC BANK LTD REPRESENTED BY THE BRANCH MANAGER 11 DR. U.N. BRAHMACHARI STREET KOLKATA 700017 VERSUS SOMNATH CHATTERJEE AND 2 ORS S/O LT. TARINI CHARAN CHATTARJEE R/O GC 77 SALT LAKE SECTOR II KOLKATA 700096 2:B AND L LIMITED VILLAGE GARIABABI CHIRANG MOUZA KHANGIA DIST JORHAT ASSAM 785006 3:SHARMILA VIJAY SHETTY RESIDING AT B-32 TURF VIEW SETH MOTILAL SINGHI MARG MUMBAI 400018 ------------ Advocate for : MR. P SARMAH Advocate for : MR. A K SAHEWALLA appearing for SOMNATH CHATTERJEE AND 2 ORS Linked Case : I.A.(Civil)/3982/2025 SOMNATH CHATTERJEE SON OF LATE TARINI CHARAN CHATTERJEE RESIDENT OF GC-77 SALT LAKE SECTOR-III Page No.# 3/6 KOLKATA - 700096 WEST BENGAL VERSUS B AND A LIMITED AN EXISTING COMPANY WITHIN THE MEANING OF THE COMPANIES ACT 1956 AND HAVING ITS REGISTERED OFFICE AT INDU BHAVAN MAHATMA GANDHI ROAD JORHAT - 785001 ASSAM AND PRESENTLY AT VILL. GARIAHABI CHARINGIA MOUZA KHANGIA DIST. JORHAT ASSAM - 785006 2:SHARMILA VIJAY SHETTY RESIDING AT B-32 TURF VIEW SETH MOTILAL SINGHI MARG MUMBAI-400018. 3:HDFC BANK LTD. CARRING ON BUISNESS INTER ALIA FROM 11 U.N. BRAHMACHAL STREET KOLKATA-700017 WEST BENGAL ------------ Advocate for : MR. W SHARMA Advocate for : MR. P BORAH appearing for B AND A LIMITED Linked Case : I.A.(Civil)/3983/2025 SOMNATH CHATTERJEE SON OF LATE TARINI CHARAN CHATTERJEE RESIDENT OF GC-77 SALT LAKE SECTOR-III KOLKATA - 700096 WEST BENGAL VERSUS Page No.# 4/6 B AND A LIMITED AN EXISTING COMPANY WITHIN THE MEANING OF THE COMPANIES ACT 1956 AND HAVING ITS REGISTERED OFFICE AT INDU BHAVAN MAHATMA GANDHI ROAD JORHAT - 785001 ASSAM AND PRESENTLY AT VILL. GARIAHABI CHARINGIA MOUZA KHANGIA DIST. JORHAT ASSAM - 785006 2:SHARMILA VIJAY SHETTY RESIDING AT B-32 TURF VIEW SETH MOTILAL SINGHI MARG MUMBAI-400018. 3:HDFC BANK LTD. CARRING ON BUISNESS INTER ALIA FROM 11 U.N. BRAHMACHAL STREET KOLKATA-700017 WEST BENGAL ------------ Advocate for : MR. W SHARMA Advocate for : MR. P BORAH appearing for B AND A LIMITED Linked Case : I.A.(Civil)/3216/2025 SOMNATH CHATTERJEE S/O. LT. TARINI CHARAN CHATTARJEE R/O. GC-77 SALT LAKE SECTOR-II KOLKATA-700096 WEST BENGAL VERSUS B AND A LIMITED AND 2 ORS. AN EXISTING CO. WITHIN THE MEANING OF THE COMPANIES ACT 2013 HAVING ITS REGD. OFFICE PREVIOUSLY AT INDU BHAVAN MAHATMA GANDHI ROAD JORHAT-785001 ASSAM AND PRESENTLY AT VILL.- GARIABABI Page No.# 5/6 CHIRANG MOUZA KHANGIA DIST. JORHAT ASSAM PIN-785006. 2:SHARMILA VIJAY SHETTY RESIDING AT B-32 TURF VIEW SETH MOTILAL SINGHI MARG MUMBAI-400018. 3:HDFC BANK LTD. CARRING ON BUISNESS INTER ALIA FROM 11 U.N. BRAHMACHAL STREET KOLKATA-700017 WEST BENGAL ------------ Advocate for : MR. W SHARMA Advocate for : appearing for B AND A LIMITED AND 2 ORS. BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 12.02.2026 1. Heard Mr. R. Banerjee, learned Senior Counsel, Mr. D. Sharma, learned counsel for the applicant/appellant through video conferencing as well as Mr. A.K. Sahewalla, learned counsel for the applicant/appellant. Also heard Mr. D. Mozumder, learned Senior Counsel assisted by Mr. B. Kaushik, learned counsel for the respondent no.2; Mr .R. Chakraborty, learned counsel appears on behalf of HDFC Bank and Mr. K. Jain, learned counsel for the respondent no.1. 2. It is submitted on behalf of the appellant that the respondents have not complied with the order dated 28.01.2026, passed by this Court in I.A(Civil) Page No.# 6/6 No.3983/2025. 3. The respondents went against this order up to the Supreme Court and the SLP (Civil) No.5070/2026 was dismissed which implies that the respondents have to take steps for compliance of the order passed by this Court but the respondents have not yet complied with the order of this Court. 4. Mr. R. Chakraborty, learned counsel appears on behalf of HDFC Bank submits that due to some restrictions imposed by the NSDL, the order could not be complied with and has also submitted that a written objection has been filed in connection with I.A(Civil) No.3982/2025. 5. Interim order shall remain in force till then. 6. In compliance of the order passed by the Supreme Court in SLP (Civil) No.5070/2026, dated 05.02.2026, this case is fixed for urgent hearing on 26.02.2026. JUDGE Comparing Assistant