State v. Shiladitya Banerjee And ORS.
FA 195 of 2004 CAN 10 of 2025 Items15-07-2025 7&8.
State of West Bengal sg Vs.
Shiladitya Banerjee & Ors.
Ct. 8 With COT 1045 of 2005 State of West Bengal Vs.
Shiladitya Banerjee & Ors.
Mr. Pranit Bag Mr. Aurin Chakraborty Ms. Swastika Sengupta ...for the petitioner Mr. Sabyasachi Sen ...for the respondent nos.1&2 1.
The applicant is the beneficiary of 1/3rd share in the compensation amount directed to be released in her father by an order dated 24th June, 2025.
2.
It appears that initially she was represented by one Ms. Arundhati Chatterjee, Advocate. However, as she was not traceable, a fresh vakalatnama was executed in favour of Annek Pandit, Advocate nominated by M/s. Victor Moses & Co. in 2022 and later on 8th July, 2025 in favour of Mr. Subhojit Roy, Partner of M/s. Victor Moses & Co. After the order was passed, a communication was made by Smt. Aditi Mukherjee on 11th July, 2025 to the learned Registered General for release of her share and for that purpose she nominated Mr. Subhojit Roy, Advocate, to receive the money equivalent to 1/3rd portion of the total
amount lying to the credit of the appeal being FA 195 of 2004. Subsequently, Mr. Subhojit Roy has also made a request to learned Registrar General on 11th July, 2025 for disbursement of the said amount in favour of her client. It is submitted that in spite of such communication, payment has not been received from the learned Registrar General.
3.
We presume that since there is no specific direction to release the payment in favour of representatives of the beneficiary namely, Aditi Mukherjee, the learned Registrar General has not released the said amount. 4.
In view of the averments made in the petition and the communications from Smt. Aditi Mukherjee to the learned Advocate General and from Subhojit Roy to the learned Registrar General both dated 11th July, 2025 and having considered the note prepared by the Joint Registrar (General Administration-II) dated 10th July, 2025, we direct the department to accept the vakalatnama on behalf of Sri Subhojit Roy and disburse the said amount to Mr. Subhojit Roy who shall receive the said amount on behalf of the applicant.
5.
The department shall act on the basis of the letter of authority and release the payment instrument in favour of Mr. Roy, partner of M/s. Victor Moses & Co. within one week from the date of communication of this order. 6.
This order shall be immediately communicated to the
learned Registrar General for information and doing the needful.
7.
CAN 10 of 2025 is accordingly, disposed of.
(Soumen Sen, J.) (Smita Das De, J.)