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2025 Supreme(Online)(Cal) 7137

CALCUTTA HIGH COURT
GRASIM INDUSTRIES LIMITED – Appellant
Versus
PREM KUMAR CHOWDHURY AND ORS – Respondent


OC-15

IN THE HIGH COURT AT CALCUTTA COMMERCIAL APPELLATE DIVISION

ORIGINAL SIDE APOT/30/2025

WITH EC/278/2022

CS/258/1992

IA-No.GA-COM/1/2025

GRASIM INDUSTRIES LIMITED

-VERSUS-

PREM KUMAR CHOWDHURY AND ORS.

BEFORE:

The Hon’ble JUSTICE DEBANGSU BASAK

-AND-

The Hon’ble JUSTICE MD. SHABBAR RASHIDI

For the Appellant : Mr. Pratik Ghosh, Adv.

Mr. Avishek Roychowdhury, Adv.

For the Respondent No.1 : Mr. Jishnu Chowdhury, Sr. Adv.

Mr. Aniruddha Agarwalla, Adv.

Ms. Ujjaini Chatterjee, Adv. Ms. Priyanka Garain, Adv.

For CITI Bank : Ms. Ankita Singh, Adv.

HEARD ON : 04.12.2025 DELIVERED ON : 04.12.2025

DEBANGSU BASAK, J.:-

1. Appeal is at the behest of the defendant no.2 in CS 258 of 1992 and

directed against IA No.GA-COM/2/2024 passed in EC/278/2022.

2. Learned advocate appearing for the appellant submits that, the appellant suffered the decree dated July 30, 2007 passed by the suit Court. He draws the attention of the Court to the fact that, the defendant no.1 in the suit suffered an order of winding up dated May 4, 1998. He refers to Section 446 of the Companies Act, 1956 and submits that, no leave under such Section was obtained either by the Official Liquidator or any parties to the suit for the suit to procee

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