Calcutta High Court
EC-COM/108/2025 of PIONEER PROPERTY MANAGEMENT LTD Vs AMAZON SELLER SERVICES PVT LTD AND ANR on 31 August 2026
High Court at Calcutta Commercial Division Original Side IA NO. GA-COM/1/2026 In EC-COM/108/2025 PIONEER PROPERTY MANAGEMENT LTD VS AMAZON SELLER SERVICES PVT LTD AND ANR. BEFORE : The Hon’ble JUSTICE ANIRUDDHA ROY Date : August 31, 2026. Appearance : Mr. Ratul Das, Adv. Mr. Abhik Chitta
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OCD-7
In The High Court at Calcutta Commercial Division Original Side
PIONEER PROPERTY MANAGEMENT LTD VS AMAZON SELLER SERVICES PVT LTD AND ANR.
BEFORE : The Hon’ble JUSTICE ANIRUDDHA ROY
Date : August 31, 2026.
Appearance : Mr. Ratul Das, Adv. Mr. Abhik Chitta Kundu, Adv. Ms. Abhipriya Sarkar, Adv. …for the decree holder/plaintiff
Mr. S. Mukherjee, Adv. Mr. Harsh Hiroo Gursahani, Adv. Mr. Adarsh Kumar, Adv. Mr. Sayandeep Pahari, Adv. Mr. A. Kasim, Adv. …for the judgment debtor No. 1/defendant No.1
Ms. Jayati Chowdhury, Adv. Ms. Rashmi Singhee, Adv. Ms. Mandobi Chowdhury, Adv. Ms. Priya Malakar, Adv. …for the judgment debtor No. 2
The Court : Decree holder/plaintiff initially had received a money decree, in its favour. Judgement debtor No. 1/defendant No. 1 had preferred an appeal from the said decree when the Hon’ble Division Bench by its judgment dated January 29, 2026 had set aside the decree, Annexure-D at page 20 to the application.
A.R., J.
However, to obtain stay of operation of the decree, the judgment debtors/defendants had secured the entire decretal dues, pursuant to the direction of the Hon’ble Appellate Court. Since decree has been set aside, judgment debtors applied before the Registrar, Original side for return of the security deposit. The Registrar, Original Side by its communication dated July 13, 2026 at page 51 to the application has informed the judgment debtors/defendants that unless they obtain leave from the Court, such return of deposits cannot be made. Considering the submissions made on behalf of the parties and on perusal of the records, this Court finds that the money decree is no more in existence having been set aside by the Hon’ble Division Bench. Therefore, there is no impediment to direct the Registrar, Original Side to return the deposits to the respective defendants in the suit being judgment debtors under the decree. In view of the above, the Registrar, Original Side after compliance of all necessary formalities and in presence of the respective learned Advocates on record for the parties, shall carry the process and return the deposits to the defendants, in accordance with law but positively within four weeks from the date of communication of this order. On the above terms, IA GA-COM/1/2026 stands disposed of, without any orders as to costs.
A.R., J.
In the present circumstances, no fruitful purpose shall be served by keeping execution proceeding pending, since the same has become infructuous. Accordingly, EC-COM/108/2025 by consent of the parties is treated as on day’s list and also stands disposed of, without any orders as to costs.
(ANIRUDDHA ROY, J.)
Sbghosh