Jalan Inter Continantal Hotels Private Limited And Another v. Central Bureau Of Investigation And Another
Sl.No.
08.08.2024 WPA 11725 of 2021 Court No. 35 G.S.Das Jalan Inter Continental Hotels Pvt. Ltd. & Anr. -VsThe CBI & Ors.
Mr. Soumya Majumder Ms. Anna Malhotra Ms. Hasnuhana Chakraborty Mr. Rishav Maity ... for the petitioner Mr. Lokenath Chatterjee Mr. Subhajit Das ... for the CBI Mr. Amit Kumar Tripathi ... Inspector/CID The grievance of the petitioners relate to the refund made by the Income Tax Department on 25.11.2019 and 27.05.2020, which are of Rs.
26,03,280.00/- and Rs. 26,87,850.00/-.
The petitioners were informed that in connection with RC0102015A0001, CBI, ACB, Kolkata has frozen the account.
It has been informed to this court and, also in the affidavit in opposition, it
has been contended by the CBI that the aforesaid amount is outside the purview of the subject-matter of investigation and, as such, they do not have any objection, if the same is returned to the petitioners.
It has also been submitted on behalf of the CBI that the amount which has been frozen relates to Rs.1.69 crore in the account number 001737055 of JICHPL maintained with the RBL Bank.
In view of the contentions so advanced by both the parties, I am of the opinion that as the CBI case being RC0102015A0001 is pending before the ld.
Special Judge, CBI Court No. 1, Bichar Bhawan, Calcutta, then, if any application for refund of the amount as prayed for by the petitioners is filed before the ld.
jurisdictional CBI Court, in that case, the ld. Special Court will refund the amount as referred to above on such terms and
conditions as it deems fit and proper.
With the aforesaid observations, WPA 11725 of 2021 is disposed of.
Pending application, if any, is also disposed of.
The Instructing Officer from the CBI is present in court. His further appearance before this court is dispensed with.
Pending application, if any, is also disposed of.
Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.
(Tirthankar Ghosh, J.)