Section 17D(3) in The West Bengal Premises Tenancy Act, 1956.
(3)On receipt of an application under sub-section (1) the Court shall cause a notice thereof to be served on the landlord and after hearing such evidence as the parties may adduce, determine -(a)(i)where the decree was passed in a suit under this Act, the total amount that the tenant was liable to deposit or pay in accordance with the provisions of sub-section (1) or sub-section (2) of section 17 during the period ending with the date of the decree, after giving credit for every deposit or payment made by the tenant in accordance with such provisions during such period, or(ii)where the decree was passed in a suit under the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950, the total amount that the tenant would have been liable to deposit on account of rent including the arrears of rent during the period ending with the date of the decree, had an order been made in the suit by the Court under sub-section (4) of section 14 of that Act for deposit of rent at the rate at which it was last paid and the arrears of rent, if any, after giving credit for every deposit made by the tenant for such rent or arrears during such period, and(b)in either case, the total amount that the tenant remained liable to pay if he had to pay for the period commencing from the date of the decree and ending with the date of the order to be made under this sub-section, a monthly sum equivalent to the rent at which it was last paid, after giving credit for all such sums that the tenant might have deposited in the Court or with the Controller or paid to the landlord for such period,and direct the tenant, by order, to deposit in Court the aggregate of the amounts referred to in clauses (a) and (b), together with such further amount as the Court may allow as costs of the suit within such time, not exceeding sixty days from the date of the order, as the Court may fix.
