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Calcutta High CourtAGA/2/2024disposed

In The Matter Of - The Administrator General Of West Bengal v. Na

2025-09-22Hon'Ble Justice Arindam Mukherjee3 pages

OD-6 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE IA No.GA/2/2025 IN AGA/2/2024

IN THE MATTER OF :

THE ADMINISTRATOR GENERAL OF WEST BENGAL

BEFORE:

The Hon'ble JUSTICE ARINDAM MUKHERJEE Date: 20th April, 2026.

Appearance:

Mr. Indranil Nandi, Adv.

Mr. Sayak Konar, Adv.

.. . for the Administrator General of West Bengal Mr. Sayak Chakraborti, Adv.

Mr. Wrickbrata Roy, Adv.

Mr. Iswar Das, Adv.

Mr. S. Chatterjee, Adv.

Mr. Nistar Molla, Adv.

Mr. Farhan Haider, Adv.

. . . for Shreepati Apartments Pvt. Ltd./applicant. The Court:- The Administrator General, West Bengal has placed before this Court in terms of the previous direction the photocopy of the bills in support of the expenses incurred for making necessary publication in the newspapers to conduct the auction sale in terms of the direction of this Court. The Administrator General, therefore, is entitled to deduct the

advertisement/publication charges from the money already deposited by the successful bidder who now is no more interested to take the property in question on loan.

The successful bidder, namely, Shreepati Apartments Pvt. Ltd. has filed this application (IA No.GA/2/2025) in the main application filed by the Administrator General, West Bengal for refund of the earnest money and the part consideration deposited by the said party. It further appears that the successful bidder in order to participate in the bid process had deposited an interest free amount of Rs.62,000/- with the office of the Administrator General, West Bengal. The successful bidder on the lease having been confirmed in its favour had deposited a sum of Rs.25 lakhs with the Registrar, Original Side of this Court.

The aggregate of the advertisement cost incurred by the Administrator General is Rs.1,60,410/- (Rs.30735/- + Rs.1,29,675/-). After deducting Rs.62,000/- from the said sum of Rs.1,60,410/-, the balance sum of Rs.98,410/- shall be deducted out of the Rs.25 lakhs and the accrued interest, if any thereon and the balance sum of Rs. 24,01,590/- shall be made over to the successful bidder, namely, Shreepati Apartments Pvt. Ltd. within a period of one month from date after adjusting the commission receivable from the successful bidder. The Registrar, Original Side after deducting the said sum of Rs.98,410/- shall transmit such money to the Administrator General, West Bengal since the expenses have been incurred by the office of the Administrator General, West Bengal. It is made clear that

the Registrar, Original Side shall be entitled to prematurely encash the fixed deposit, if necessary, for refunding the money to the Shreepati Apartments Pvt. Ltd.

The application being GA/2/2025, therefore, stands disposed of. All parties including the Registrar, Original Side are directed to act on the server copy of this order without insisting upon production of a certified copy thereof.

(ARINDAM MUKHERJEE, J.) pa