In a stern order issued on October 24, 2025, the Calcutta High Court directed businessman Dilip Choudhury to pay ₹10 lakh to IndusInd Bank Limited by November 13 or face arrest and attachment of assets. Justice Shampa Sarkar, presiding over the Commercial Division (Original Side), made it clear that the Court’s patience had run thin after years of non-compliance with earlier payment directions.
Background
The dispute traces back to multiple execution cases filed by IndusInd Bank to recover amounts awarded in arbitration back in 2015. The awards, totaling over ₹1.25 crore, remained largely unpaid despite a detailed repayment plan set by the High Court in March 2023.
Under that earlier order, Choudhury was required to make an upfront payment of ₹20.55 lakh and pay the remaining sum through monthly installments of ₹5 lakh for 21 months. However, the bank alleged that the debtor stopped payments after May 2024, leaving a significant portion outstanding.
Represented by Advocate Pratip Mukherjee and his team, the bank moved an application seeking issuance of a warrant of arrest, arguing that the debtor had shown “total disregard” for court orders. Advocate Souri Ghosal appeared for the judgment debtor.
Court’s Observations
Justice Sarkar expressed strong disapproval of the debtor’s conduct, noting that even if financial hardship existed, some payment should have been made in good faith.
“The award debtor has not only failed to comply with the Court’s order but also maintained an inexplicable silence,” the bench observed. “Even if they were in difficulty, they should have offered whatever sum was available instead of stopping payment since June 2024.”
The judge also highlighted the inordinate delay in satisfying the 2015 award, remarking that the bank had been “denied the fruits of the award” for a decade.
Decision
The Court refused to modify its earlier order and instead directed Choudhury to pay ₹10 lakh out of the total dues exceeding ₹1 crore by November 13, 2025.
The order warned that failure to do so would trigger serious consequences including issuance of a warrant of arrest and attachment of assets. Furthermore, Justice Sarkar directed that Dilip Choudhury must appear in person before the Court on November 14 at 10:30 a.m. for examination.
Other connected applications, including those seeking modification or clarification, were disposed of as infructuous, with the Court granting the bank liberty to seek further action if default continues.
The case underscores the judiciary’s growing intolerance for chronic defaulters who delay execution of arbitral awards under one pretext or another.
Case Title: IndusInd Bank Limited vs. Dilip Choudhury & Anr
Court: Calcutta High Court – Commercial Division (Original Side)
Bench: Justice Shampa Sarkar
Case Numbers: EC-COM/41/2024 and connected execution applications (EC/1096–1108/2015)
Petitioner / Award Holder: IndusInd Bank Limited
Respondents / Award Debtors: Dilip Choudhury & Another
Date of Order: October 24, 2025
