Calcutta High Court
Subhkiran Builders & Finance Pvt Ltd vs Pandi Cor on 18 March, 2009
Author: Pinaki Chandra Ghose
Bench: Pinaki Chandra Ghose
ACO No. 5 of 2009
APO No. 504 of 2002
C.P. No. 180 of 2000
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ/Civil Appellate/Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
SUBHKIRAN BUILDERS & FINANCE PVT LTD Plaintiff/Petitioner/Applicant
Versus
PANDI CORRESPONDENTS PVT LTD. Defendant/Respondent
BEFORE:
The Hon'ble JUSTICE PINAKI CHANDRA GHOSE The Hon'ble JUSTICE SANKAR PRASAD MITRA Date : 18th March, 2009.
The Court : - It is submitted that on 3rd October, 2002 as per the direction of the Court a cheque was handed over to Mr. Sudhir Kumar Chatterjee, Advocate to act as Joint Receivers in the matter along with the Advocate of the respondent. It appears that the said cheque was never handed over nor even informed. It was not in dispute rather it is admitted before us that the said amount was kept in the account of Mr. Chatterjee without complying with the order by which the Court directed to keep the amount in a fixed deposit until further order of the Court.
It appears that Mr. Chatterjee did not take any step in the matter and kept the amount of Rs.3,87,000/- in his own account. It is submitted that subsequent thereto he had to admit to the Hospital since he was suffering from heart ailment and some steps were taken by the Doctor inserting a Pace Maker to Mr. Chatterjee. In view of that it is submitted on behalf of Mr. Chatterjee that inadvertently he could not take any step in the matter. However, he is agreeable to pay interest if the Court directs out of his own account to the respondent.
Accordingly, we direct that the said cheque of Rs.3,87,000/- be immediately handed over to the respondent.
It appears that the said cheque was handed over to Mr. Chatterjee on 3rd October, 2002 pursuant to the said order passed by the Court and the said amount, according to Mr. Chatterjee, was lying in Savings Bank account. However, we find that there is a mistake on the part of Mr. Chatterjee in putting the said amount as Receiver in the fixed deposit as directed by the Court. Hence, he is directed to pay interest @ 4% p.a. from 3rd October, 2002 till date i.e. 18.3.2009.
A cheque being No. 299008 dated 9.2.2009 for a sum of Rs.3,87,000/- drawn on Standard Chartered Bank, Church Lane Branch, Kolkata is handed over to the Advocate-on-Record of the respondent in Court to-day.
Upon payment of interest as directed which is to be paid on or before 23rd March, 2009 this application is disposed of.
All parties concerned are to act on a xerox signed copy of the minutes of this order on the usual undertakings.
Urgent xerox certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(PINAKI CHANDRA GHOSE, J.) (SANKAR PRASAD MITRA, J.) dg/