Calcutta High Court
Amrit Lal Shaw vs Hariram Shaw & Ors on 26 April, 2017
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
GA No.1113 of 2017
With
CS No.563 of 1975
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
AMRIT LAL SHAW
Versus
HARIRAM SHAW & ORS.
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 26th April, 2017.
Appearance:
Mr. R. Mitra, Adv.
Mr. A. Mitra, Adv.
Mr. D. Mitra, Adv.
Mr. Paritosh Sinha, Adv.
Mr. Joydeep Roy, Adv.
Mr. Ayan De, Adv.
Mr. S. Mukherjee, Adv.
Mr. S. Bhattacharya, Adv.
Mr. P. Dutta, Adv.
Mr. S.K. Dutta, Adv.
The Court : Pursuant to the leave, the receiver is represented. The receiver has filed an account. It appears that the fixed deposits have matured on 25th April, 2017 and have been again renewed for 18 months.
Mr. Paritosh Sinha, learned counsel appearing on behalf of the plaintiffs submits that the plaintiffs have incurred expenses of Rs.50,000/- approximately for preparation of the documents in connection with the sale and on that basis a Deed of Conveyance was executed which, however, was ultimately set aside. The applicant does not dispute that the plaintiffs have incurred such expenses for preparation of the said documents. 2
Under such circumstances, the Branch Manager, Standard Chartered Bank, Martin Burn Business Park, Plot No.BP3, Gr. Floor, Salt Lake-V, Kolkata - 700091, is directed to encash the fixed deposits bearing A/C Nos. 32230082487 and 32230619332 immediately and issue three demand drafts favouring Mr. Amrit Lal Shaw for a sum of Rs.50,000/-, Mr. Swapan Kumar Dutta for a sum of Rs.34,000/- and the balance amount in favour of Mr. Amitabh Kumar Rai within two weeks from the date of communication of this order. The accounts shall be closed immediately thereafter.
GA No.1113 of 2017, accordingly, stands disposed of.
(SOUMEN SEN, J.) B.Pal