Calcutta High Court (Appellete Side)
Asansol Durgapur Development ... vs Priya Kumar Mukherjee And Others on 2 January, 2020
1
02.01.2020.
Item No. 135
C.A.N. 8336 of 2019
in
F.A. 75 of 2015
Asansol Durgapur Development Authority
Vs.
Priya Kumar Mukherjee and others.
Mr. Raja Basu Chowdhury,
Mr. A. Banerjee,
Mr. Sayantan Bose.
... for the appellant.
Mr. Jaharlal Roy,
Ms. Kavita Rani.
... for the respondent no. 1/applicant.
Re: CAN 8336 of 2019 This is an application by the respondent no. 1 for an order to withdraw forty percent of the deposited amount, which was deposited with the Registrar General of this Court in terms of the order dated 29th July 2015 passed by the Division Bench.
By the said order, the appellant was directed to deposit the entire enhanced compensation amount together with interest with the Registrar General of this Court within four weeks from the date of the said order. The Registrar General was further directed to invest the said amount in a short term fixed deposit account with the State Bank of India, High Court Branch and shall continue to renew the same till the disposal of the appeal.
It has been pointed out in the instant application that the other co-sharers of another appeal were permitted to withdraw a sum of Rs. 3,00,000/- in terms of the order dated 26th April 2017 passed in FAT no. 225 of 2016. A copy of the said order is also annexed with the instant application, wherefrom it appears that the respondents therein were permitted to withdraw the said amount without furnishing any security but subject to the compliance of the necessary formalities in such regard.
The respondent no. 1/applicant standing on the same pedestal cannot be denied of such prayer and, therefore, the instant application is disposed of permitting the respondent no. 1/applicant to withdraw a sum of Rs. 3,00,000/- out of the 2 deposit made in compliance with the order dated 29th July 2015 without furnishing any security subject to the compliance of necessary formalities in this regard. The remaining amount shall be reinvested in the identical manner in terms of the order dated 29th July 2015 and the renewal shall be made as and when required till the disposal of the instant appeal.
For due compliance of the direction made herein above, the Registrar General of this Court may make a premature encashment of the fixed deposit already made.
ab (Abhijit Gangopadhyay, J.) (Harish Tandon, J.)