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Calcutta High CourtMAT/1576/2025dismissed

Surendra Kumar Jaiswal v. Union Farmers Service Co Operative Society Ltd And ORS

2025-11-17Hon'Ble Justice Rajasekhar Mantha,Hon'Ble Justice Ajay Kumar Gupta2 pages

17.11.2025 Court No.13 Item No.2 AP MAT 1576 of 2025 With CAN 1 of 2025 With CAN 2 of 2025 With CAN 3 of 2025 Surendra Kumar Jaiswal Vs.

Union Farmers' Service Co-Operative Society Ltd and Ors.

Mr. Samir Kumar Dhar Mr. Rajarshi Mitra .... For the Appellant.

Mr. Subrata Kumar Basu Mr. Sounak Sen .... For the Respondent No.1.

Mr. Ankit Sureka Mr. Biplob Das .... For the Respondent No.3.

1.

In the order dated 10th November, 2025, in the array of advocates "Mr. Subrata Kumar Basu" and "Mr. Sounak Sen" shall be included as having appeared for the Respondent No.1.

2.

By an order dated 22nd September, 2025 certain payments made by the appellant were duly recorded and undertaken was given before this Court that the balance sum of Rs.86 lacks and odd would be repaid within one week after the Puja Vacation (i.e. 4th November, 2025). 3.

CAN 2 of 2025 and CAN 3 of 2025 have been filed seeking modification of the order dated 22nd September, 2025. The modification is an attempt to seek further time

beyond 4th November, 2025. Learned counsel for the appellant also argues that the matter ought to be sent for mediation.

4.

This Court has in its order dated 22nd September, 2025 in no uncertain terms indicated that if the balance due is not repaid by 4th November, 2025, the appeal would stand dismissed. The warrant of arrest against the appellant shall become forthwith executable.

5.

Admittedly, the balance amount has not been paid by 4th November, 2025. The default clause in the said order dated 22nd September, 2025 would automatically come to play.

6.

Hence, the appeal is dismissed. Consequently, all connected pending applications are also dismissed. 7.

The warrant of arrest against the appellant shall be executed forthwith. All steps to recover the balance dues from the appellant by the society shall be available to it. 8.

There shall be no order as to costs.

9.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.)