Calcutta High Court
Mintech Global Pvt Ltd vs Kesoram Industries Ltd. Cement … on 20 June, 2025
Author: Arijit Banerjee
Bench: Arijit Banerjee
OCD-19 and 20
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
COMMERCIAL APPELLATE DIVISION
ORIGINAL SIDE
AO-COM/6/2025
WITH
AP-COM/334/2024
IA NO: GA-COM/1/2024
MINTECH GLOBAL PVT LTD
VS
KESORAM INDUSTRIES LTD. CEMENT DIVISION
WITH
AO-COM/7/2025
IA NO: GA-COM/1/2025
KESORAM INDUSTRIES LIMITED
VS
MINTECH GLOBAL PRIVATE LIMITED
BEFORE:
The Hon'ble JUSTICE ARIJIT BANERJEE
AND
The Hon'ble JUSTICE RAI CHATTOPADHYAY
Date : 20th June, 2025.
Appearance:
Mr. Jishnu Saha,Sr. Adv.
Mr. Ritzu Ghoshal, Sr. Adv.
Mr. Sirsaya Bandopadhyay, Adv.
Mr. Avishek Guha, Adv.
Mr. Soham Kumar Roy, Adv.
Mr. Rahul Kumar Singh, Adv.
...for the appellant in AO-COM/6/2025
and the respondent in AO-COM/7/2025
Mr. S. N. Mookherjee, Sr. Adv.
Mr. Mainak Bose, Adv.
Mr. Debjyoti Saha, Adv.
2
Mr. Shubrojyoti Mookherjee, Adv.
...for the appellant in AO-COM/7/2025
and the respondent in AO-COM/6/2025
Dictated by Arijit Banerjee, J.
Re: IA NO: GA-COM/1/2025
in
AO-COM/7/2025
The Court: Mr. Mookherjee, Learned Senior Counsel representing
the appellant says that the cement division of the appellant has merged with
UltraTech Cement Limited. Hence this application has been taken out to
substitute UltraTech Cement Limited in the place and stead of Kesoram
Industries Limited.
Mr. Saha, Learned Senior Counsel representing the respondent,
says that he possibly cannot oppose this prayer.
Accordingly, there will be an order in terms of prayers (a) and (b) of
the Notice of Motion which read as follows:
“a) To substitute UltraTech Cement Limited, an existing
company under the Companies Act, 2013, having its
registered office at Ahura Centre, B-Wing, 2nd Floor,
Mahakali Caves Road, Andheri (East), Mumbai – 400093,
Maharashtra instead and place of Kesoram Industries
Limited, an existing company under the Companies Act,
2013, having its registered office at 9/1, R. N. Mukherjee
Road, Kolkata, West Bengal-700001 in the cause title of
the present appeal being AO-COM/7/2025 and in all other
3applicable places where the name of Kesoram Industries
Limited has been mentioned in the present appeal as
shown in RED ink as indicated in Annexure F annexed to
the present application;
b) The Department be directed to amend the causetitle of
the present appeal where the name of Kesoram Industries
Limited is mentioned, with that of the name of UltraTech
Cement Limited;”
GA-COM/1/2025 is disposed of.
Re: AO-COM/6/2025
The Court: As stated in the order passed in AO-COM/7/2025
today, the Cement Division of Kesoram Industries Limited has merged with
UltraTech Cement Limited having its registered office at Ahura Centre, B-
Wing, 2nd Floor, Mahakali Caves Road, Andheri (East), Mumbai – 400093,
Maharashtra.
Mr. Saha, Learned Senior Counsel and Mr. Mookherjee, Learned
Senior Counsel representing the appellant and the respondent respectively,
jointly suggest that the name of UltraTech Cement Limited be substituted in
the place and stead of Kesoram Industries Limited as respondent in this
appeal.
4
Let the department carry out necessary amendment to the cause
title of the appeal papers by substituting UltraTech Cement Limited having
its registered office at Ahura Centre, B-Wing, 2nd Floor, Mahakali Caves
Road, Andheri (East), Mumbai – 400093, Maharashtra in the place and
stead of Kesoram Industries Limited – Cement Division. Let the amendment
be carried out within a fortnight from date.
List this appeal as also AO-COM/7/2025 on July 9, 2025.
(ARIJIT BANERJEE, J.)
(RAI CHATTOPADHYAY, J.)
kc.