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Calcutta High Court

Virgin Creation vs Icici Bank Ltd And Ors on 11 September, 2025

OCD-3

                                ORDER SHEET

                     IN THE HIGH COURT AT CALCUTTA
                          COMMERCIAL DIVISION
                              ORIGINAL SIDE

                              CS-COM/106/2024
                            [OLD NO CS/71/2018]

                              VIRGIN CREATION
                                     VS
                          ICICI BANK LTD AND ORS

     BEFORE:
     The Hon'ble JUSTICE KRISHNA RAO
     Date: September 11, 2025.
                                                                      Appearance:
                                                           Mr. Varun Kothari, Adv.
                                                       Mr. Aasish Choudhary, Adv.
                                                        Ms. Shivansi Indoria, Adv.
                                                                 ... for the plaintiff

                                                            Mr. Avishek Guha, Adv.
                                                               Ms. Shilpa Das, Adv.
                                                    ... for the respondent nos. 1 & 2

1. The matter is listed as "To Be Mentioned" on the prayer made by the Counsel for the plaintiff. He submits that by an order dated 3 rd April, 2025 this Court had directed the plaintiff to take appropriate steps for lodging a fresh writ of summons upon the defendant nos. 3,4,5 and 6 through the embassy within three weeks.

2. Learned Counsel for the plaintiff submits that after the order passed by this Court, the plaintiff has obtained report from the Deputy Sheriff of Calcutta of this Court dated 10 th April, 2025, wherein it reveals that writ of summons through the postal service was served upon the defendant nos. 3,4,5 and 6. Let the copy of the report be kept with the record.

3. Learned Counsel for the plaintiff further submits that as the writ of summons has been served upon the defendant nos. 3, 4, 5 and 6 2 through the postal service, he prays for dispensation of lodging fresh writ of summons for service upon the defendant nos. 3,4,5 and 6 through the embassy.

4. Heard the Learned counsel for the plaintiff. Perused the report of the Deputy Sheriff of Calcutta.

5. This Court finds that the writ of summons has already been served upon the defendant nos. 3, 4, 5 and 6 through speed post which is duly confirmed by the report dated 10th April, 2025 and as such, lodging of fresh writ of summons for service upon the defendant nos. 3, 4, 5 and 6 through the embassy is dispensed with.

6. Let the matter appear on 18th September, 2025.

(KRISHNA RAO, J.) DB