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Calcutta High Court

Vikram Solar Limited vs Ecgc Limited on 23 April, 2026

Author: Aniruddha Roy

Bench: Aniruddha Roy

OC-78

                      In The High Court at Calcutta
                          Commercial Division
                             Original Side

                             CS-COM/740/2024

                          VIKRAM SOLAR LIMITED
                                   VS
                              ECGC LIMITED

BEFORE:
The Hon'ble JUSTICE ANIRUDDHA ROY
Date : April 23, 2026.

                                                                      Appearance:
                                                        Mr. Sorosij Dasgupta, Adv.
                                                        Mr. Samrat Mukherji, Adv.
                                                            Mr. Rik Mukherji, Adv.
                                                                 ...for the plaintiff.

                                                  Mr. Sounak Mukhopahdyay, Adv.
                                                           Mr. Paritosh Sinha, Adv.
                                                         Ms. Shrayashee Das, Adv.
                                                      Mr. Tridibesh Dasgupta, Adv.
                                                        Ms. Anukriti Agarwal, Adv.
                                                                ...for the defendant.

        The Court: Mr. Sorosij Dasgupta, learned advocate with Mr. Samrat

Mukherji, learned advocate appears for the plaintiff.

        Mr. Sounak Mukhopadhyay, learned advocate appears for the

defendant.

        An insurance claim is the subject matter of the suit.

        Issues have already been settled by the Co-ordinate Bench on

September 26, 2025.

        Parties shall proceed for witness action before Commissioner so that

hearing of the suit can be expedited.
                                       2

       In view of the above, Mr. Pradip Kumar Mitra, learned advocate

(Junior),   Bar   Library   Club,   1st   Floor    is   appointed   as   learned

Commissioner to hold the witness action.

       All costs and expenses shall be borne by the examining parties while

they shall examine the witness. Today, the plaintiff filed its evidence on

affidavit in Court along with certificate under Section 63 of the B.S.A.,

2023 before this Court insofar as the first witness of the plaintiff is

concerned. The same is taken on record.

       The remuneration of the learned Commissioner shall be Rs.

20,000/- per session. The Secretarial expenses shall be Rs. 3,000/- per

session. The remuneration of the stenographer shall be fixed by the learned

Commissioner. Each session, except the first session, shall be held at least

for two hours.

       Learned Commissioner shall commence the witness action positively

within two weeks from the date of communication of this order and shall

conclude the witness action insofar as this witness of the plaintiff is

concerned positively within two months from the date of first sitting of the

Commission.

       On the first day when the evidence on affidavit shall be tendered, the

entire cost shall be borne by the plaintiff and, thereafter, during the cross-

examination, it shall be borne by the defendant.

       After the witness action is over, learned Commissioner shall file its

report before this Court.

       The matter shall be mentioned by the parties upon notice to each

other, then.
                                CS-COM/740/2024
                                      A.R.,J.

3 The original records shall be produced before the learned Commissioner and the same shall be accompanied under the supervision and custody of an officer in the Original Side, to be nominated by the Registrar, Original Side.

(ANIRUDDHA ROY, J.) Arsad CS-COM/740/2024 A.R.,J.