Calcutta High Court
EC-COM/8/2025 of SHINING VYAPAR PRIVATE LIMITED Vs NIL KANTHA SAHA on 30 July 2026
3 IInn tthhee HHiigghh CCoouurrtt aatt CCaallccuuttttaa Commercial Division Original Side EC-COM/511/2024 LIFELINE VINCOM PRIVATE LIMITED VS NIL KANTHA SAHA & EC-COM/512/2024 SHINING VYAPAAR PRIVATE LIMITED VS M/S PRIYANTI CONSTRUCTION AND ORS & EC-COM/8/2025 SHINING VYAPAR PRIVATE
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OCD-1 to 3 In the High Court at Calcutta Commercial Division
Original Side
EC-COM/511/2024
LIFELINE VINCOM PRIVATE LIMITED VS NIL KANTHA SAHA
&
EC-COM/512/2024
SHINING VYAPAAR PRIVATE LIMITED VS M/S PRIYANTI CONSTRUCTION AND ORS
&
EC-COM/8/2025
SHINING VYAPAR PRIVATE LIMITED VS NIL KANTHA SAHA
BEFORE: The Hon'ble JUSTICE ANIRUDDHA ROY Date : July 30, 2026. Appearance: Mr. Rohit Banerjee, Adv. Ms. Kanchan Jaju, Adv. Ms. Sreha Das, Adv. … for the decree-holders
Mr. Aniruddha Mitra, Sr. Adv. Mr. Dipika Banu, Adv. Mr. Subhadip Chakraborty, Adv. … for the defendant-debtors
The Court: These three execution applications are arising from three separate decrees. Mr. Rohit Banerjee, learned Advocate appears for the decree- holders.
A.R., J.
Mr. Aniruddha Mitra, learned Senior Advocate appears for the judgment-debtors. Learned Senior Advocate Mr. Aniruddha Mitra submits that according to his clients, the principal amount due and payable to the decree-holders is aggregating to Rs.30,00,000/- (Rupees Thirty Lakhs only) covering these three execution proceedings. He submits that Rs.3,00,000/- (Rupees Three Lakhs only) has already been paid to the decree-holders in connection with the criminal proceeding, arising out of same debt. Mr. Mitra, learned Senior Advocate today is carrying a number of pay orders aggregating to a total sum of Rs.50,01,000/- (Rupees Fifty Lakh One Thousand only). Particulars of such pay orders are stated hereinbelow:
(i) Priyanti Construction to Shining Vyapaar Pvt ltd DD No: 025088 dated 23.07.2026 - Rs. 16,00,000/- DD No: 025109 dated 28.07.2026 - Rs. 67,000/- Total: Rs.16,67,000/-
(ii) Nilkantha Saha to Lifeline Vincom Pvt Ltd DD No: 025089 dated 23.07.2026 - Rs. 16,00,000/- DD No: 025110 dated 28.07.2026 - Rs. 67,000/- Total: Rs.16,67,000/-
(iii) Nilkantha Saha to Shining Vincom Pvt Ltd DD No: 602905 dated 27.07.2026 - Rs. 16,00,000/- DD No: 025111 dated 28.07.2026 - Rs. 67,000/- Total: Rs.16,67,000/-
A.R., J.
He has tendered all these pay orders to the learned Advocate Mr. Rohit Banerjee, learned Advocate appearing for the decree-holders whose client is also present in Court. Mr. Rohit Banerjee, learned Advocate appearing for the decree- holders submits that Mr. Prasanna Kumar Nahata his clients’ representative is present in Court and instructs him to accept all these pay orders aggregating to a total sum of Rs.50,01,000/- (Rupees Fifty Lakh One Thousand only) as full and final settlement of the entire claim of the decree-holders. Decree-holders further undertake that they would not have any further claim against the judgment-debtors arising out of these three decrees. Decree-holders further undertake that they shall not pursue the relating criminal appeals and withdraw the criminal case filed by the decree-holders, which is still pending. They shall cooperate and ascribe their consent to the judgment-debtors if the judgment-debtors are of the opinion to withdraw all the criminal appeals filed by the judgment- debtors. The details of criminal proceedings are mentioned below:
(i) CS 121633 OF 2022 (PRIYANTI CONSTRUCTION VS SHINNING VYAPAAR PVT LTD) (20th MM Court) – judgment debtors are convicted. Judgment debtors initiated appeal at Chief Session Court, Kolkata, Case pending. Case No. CA 19 of 2016 (Criminal appeal)
A.R., J.
(ii) CS-121636 OF 2022 (NILKANTHA SAHA VS LIFELINE VINCOM PVT LTD) (20th MM Court) – Nilkatha Saha Convicted. Plaintiff appealed at Chief Session Court Kolkata Case No CA 67 of 2026(Criminal appeal)
(iii) CS 121632 OF 2022 (NILKANTHA SAHA VS SHINNING VYAPAAR PVT LTD) (filed by the decree holders) (20th MM COURT) Pending at Trial Court.
With the above observations and by consent of the parties, on the above terms, all these three execution proceedings being EC- COM/511/2024, EC-COM/512/2024 and EC-COM/8/2025 stand disposed of as the connected three decrees stand satisfied.
(ANIRUDDHA ROY, J.)
RS