Authority: Calcutta High Court, Commercial Appellate Division

Order Date: 12 November 2026

Case Overview

  • Review application (RVWO/35/2025, IA No. GA‑COM/1/2025) filed by Prakash Kumar Thaker against Jharkhand State Co‑operative Lac Marketing and Procurement Federation Limited, challenging a judgment and decree dated 3 July 2025 (AD‑COM/5/2024, CS/634/2001 IA No. GA‑COM/3/2025).
  • The review sought condonation of a 37‑day delay in filing the memorandum of review and argued that the original decree failed to award interest for the pre‑institution, pendency, and post‑decree periods.
  • The applicant relied on precedents B.N. Nobbis & Co. v. Kamales Mallik (2026 SCC OnLine Cal 7834) and Thazhathe Purayil Sarabi & Ors. v. Union of India (2009) 7 SCC 372, asserting that interest should be payable throughout.
  • The decree under review (paragraph 104) required the judgment debtor to pay the decretal amount within four weeks, after which interest at the awarded rate would accrue.
  • The respondent did not appear, though it had been represented in earlier proceedings.

Court Reasoning

  • The bench (Justices Debangsu Basak and Biswaroop Chowdhury) noted that the delay in filing the memorandum of review was 37 days and, for the ends of justice, condoned the delay, allowing IA No. GA‑COM/1/2025.
  • The court clarified that the original decree did not entirely omit interest; it provided a four‑week interest‑free period, after which interest would be applicable, contrary to the applicant’s claim.
  • The court found no error on the face of the record warranting a review, stating that the coordinate bench had given elaborate reasons for its finding in paragraph 104.
  • The court distinguished the present case from B.N. Nobbis & Co. (commercial disputes under the Commercial Courts Act, 2015) and from Thazhathe Purayil Sarabi (where the ratio was not applicable here).
  • Consequently, the review was deemed without merit.

Final Outcome

  • The review application (RVWO/35/2025) is dismissed without any order as to costs.

Topics: Legal Review, Interest Award, Commercial Litigation