Calcutta High Court (Appellete Side)
438/2010 on 13 July, 2010
Author: Pranab Kumar Chattopadhyay
Bench: Pranab Kumar Chattopadhyay
13.07.10
27/skp.
M.A.T. 438 of 2010
With
C.A.N. 2957 of 2010
Mr. S. K. Sengupta,
Mr. Soumik Sengupta,
Mr. Bidyut Dutta ... for the Appellants.
Mr. Piyush Chaturvedi,
Mr. Goutam Kumar Hazra .. for the respondent
No. 1/writ petitioner.
Mr. Nikhil Kr. Roy ... for the respondent
No. 3.
The instant appeal has been preferred assailing the judgment and order dated 14th December, 2009 passed by a learned Judge of this Court whereby and whereunder the said learned Judge finally disposed of the writ petition by directing the Regional Commissioner of Coal Mines Provident Fund Region-I and the Assistant Commissioner-II, Coal Mines Provident Fund to release the amount standing in the credit of the CMPF A/c. No. C/425054 in favour of the writ petitioner, Smt. Pratima Sen.
Previously, it was submitted on behalf of the appellants that the petitioner alone is not entitled to receive and enjoy the entire amount lying in the CMPF A/c. No. C/425054 since the brother of the said petitioner has a legal claim over the aforesaid amount.
Today, supplementary affidavit has been filed on behalf of the appellants and affidavit-in-opposition to the said supplementary affidavit has also been filed on behalf of the respondent no. 1/writ petitioner. The same be kept on record.
In the affidavit-in-opposition filed on behalf of the respondent no. 1/writ petitioner in connection with the supplementary affidavit of the appellants, a copy of the affidavit affirmed by Sri Tapas Kumar Josh, brother of the respondent No. 1/writ petitioner, executed before the learned Executive Magistrate at Katwa has been annexed. In the said affidavit, Tapas Kumar Josh specifically stated that he has no objection and/or no claim in respect of the amount lying in CMPF A/c. No. C-425054 and the said brother of the writ petitioner also stated in the said affidavit that Regional Commissioner and/or the competent officer may disburse the amount lying in the aforesaid CMPF A/c. No. C-425054 together with interest to his sister, Smt. Pratima Sen, the respondent/writ petitioner.
The relevant paragraph from the said affidavit of the brother of the respondent No. 1/writ petitioner is set out hereunder :
"3) I say that I have no objection and/or no claim in respect of CMPF A/c No. C/425054 and as such the Regional Commissioner and/or the competent authority may disburse the said amount along with interest with regard to the CMPF A/c No. C/425054 of the Susanta Kumar Josh (since deceased) to Smt. Pratima Sen who is my widow sister as a whole."
Going through the aforesaid affidavit, the learned advocate representing the appellants submits that there is no difficulty now to disburse the entire amount lying in CMPF A/c No. C-425054 to the respondent/writ petitioner.
Having heard the learned Counsel appearing for the parties and considering the affidavit filed by the brother of the respondent/writ petitioner, we are of the opinion that the entire amount lying in the CMPF A/c No. C-425054 should be disbursed in favour of the writ petitioner as directed by the learned single Judge in the judgment and order under appeal dated 14th December, 2009.
Therefore, we direct the appellants herein to release the entire amount lying in the CMPF A/c No. C-425054 to the respondent/writ petitioner at an early date but positively within a period of four weeks from the date of communication of this order.
With the aforesaid observations and directions, this application stands disposed of.
The aforesaid order, in our opinion, virtually disposes of the appeal. The appeal is therefore, treated as on day's list and disposed of accordingly.
In the facts of the present case, there will be, however, no order as to costs.
Let a xerox plain copy of this order, duly countersigned by the Assistant Registrar (Court), be given to the parties on usual undertakings.
( Pranab Kumar Chattopadhyay,J.) ( Md. Abdul Ghani, J. )