Calcutta High Court (Appellete Side)
Somnath Sarkar vs Utpal Basu Mallick & Anr on 1 April, 2011
Author: Ashim Kumar Banerjee
Bench: Ashim Kumar Banerjee
1 16 akb 01.04.11 C.R.R. 2447 of 2004 With C.R.R. 2865 of 2004 Somnath Sarkar
-Versus-
Utpal Basu Mallick & Anr.
Ms. Rupa Bandyopadhyay
Mr. Sourav Chatterjee ...For the Petitioner
Mr. Suprata Kumar Polle
Ms. Srabani Kanrar
Mr. Tamal Banerjee ...For the O.P.
By consent of the parties CRR 2865 of 2004 is restored to its original file and number by treating the same as on days list.
Since, both these matters involve identical question of fact and law and as such are disposed of by this common judgment and order.
I have heard Ms. Rupa Bandyopadhyay, learned Counsel for the petitioner and Mr. Subrata Kumar Polle, learned Counsel for the opposite party. I have perused the records wherefrom I find that the petitioner in no uncertain terms assured this Court in the past that he would make payment of the entire amount of compensation in phases. Pertinent to note, the Cheque amount was Rs. 69,500/-, whereas the Court below awarded additional sum of Rs. 80,000/- as and by way of compensation because of the delayed payment. The learned Counsel for the petitioner prays for reduction of the amount. Mr. Polle appearing for the complainant opposes such prayer. In my view, once the petitioner assured this Court that he would make payment of the entire sum there is hardly any scope to reduce the amount. I only wish to grant some time to the petitioner to pay off the said amount in phases.
2The petitioner is directed to make payment of Rs. 69,500/- in the following manner :-
A sum of Rs. 19,500/- be paid by May 31, 2011. The balance amount of Rs. 50,000/- be paid in five equal instalments commencing from June 30, 2011 and thereafter last day of each succeeding month.
In case payments are made as per schedule, sentence for six months, imposed by the Court below, would stand set aside and the order of sentence would stand modified to the extent of payment of compensation only.
In any event, so long the amounts are paid as per the above schedule the sentence for imprisonment would not be put to execution.
In default of payment of first instalment or any one of the subsequent instalments, this order would stand recalled and the revisional application would stand dismissed. Otherwise the revisional applications are disposed of.
Urgent certified photostat copy of this order if applied for, be supplied to the parties expeditiously.
( Banerjee, J.)