M/S Aryan Aqua (India) Pvt. Ltd. v. The Andaman And Nicobar Administration And ORS.
IN THE HIGH COURT AT CALCUTTA
CIRCUIT BENCH AT PORT BLAIR ...
WPA/20297/2019 M/s Aryan Aqua (India) Pvt. Ltd ... Petitioner Vs.
The Andaman and Nicobar Administration and others ... Respondents Mrs. Anjili Nag,, Advocate ... for the petitioner Mr. Shatadru Chakraborty, Advocate ... for the respondents December 10, 2021 [GNC] Item No. 16 The writ petitioner assails an order dated January 24, 2019 issued by the Secretary (Industries) recalling the subsidy granted to the petitioner. The authorities also claim a sum of Rs.64,93,511/- inclusive of interest failing which, the petitioner was threatened with civil action in an appropriate Court in Port Blair or any other method provided by law for such recovery of claim.
An interim order dated November 7, 2019 was passed in the writ petition. An appeal was carried against such interim order. By an order dated December 2, 2019 the appeal was disposed of by the following directions:- "
In such view of the matter, to serve the ends of justice, we direct the appellant to secure the principal sum, i.e., Rs. 45,47,730/- only, and not the entire claimed amount, in the manner as directed by the learned Judge within two weeks from date. A fixed deposit account shall be opened by the appellant in its name in a nationalized bank and the original fixed deposit receipt handed over to the Secretary (Industries) within forty eight hours of opening of such account. If this order is acted upon by the appellant, no further steps shall be taken by the respondents in the writ petition to enforce the claim against the appellant without obtaining appropriate orders from the learned Judge. The
appellant shall also remain restrained from creating any encumbrance in respect of its property mentioned in the request letter dated 3rd October, 2019 and shall also not transfer/alienate/dispose of such property without obtaining the leave of the learned Judge. However, effect or further effect shall be given to the request letter dated 3rd October, 2019 until further orders are passed on the writ petition.
Mr. Sivabalan has fairly undertaken that if the appellant complies with the directions contained in the preceding paragraph of this order in letter and spirit, the money suit instituted by the respondents shall not be proceeded with till such time the writ petition is disposed of finally by the learned Judge."
The writ petitioner created a fixed deposit terms of the order dated December 2, 2019.
The writ petition is coming up for final hearing subsequent to the order of the Division Bench.
The challenge in the writ petition is to the notice of recalling the subsidy dated January 24, 2019. The impugned notice was issued without affording the writ petitioner an opportunity of hearing. The authorities thereafter filed a civil suit being Money Suit No.47 of 2019 for recovery of the amount claimed in the recall notice.
The first prayer of such money suit is as follows:- "a) A decree declaring that the defendant has borrowed a subsidy amount of Rs.45,47,730/- (Rupees Forty Five Lakh Forty Seven Thousand seven hundred and Thirty Only) and the defendant is liable to pay interest @ 12.5% per annum amounting to Rs.19,45,781/- ( Rupees Nineteen lakh Forty Five Thousand Seven Hundred and Eight One only) upto 17.01.2019 aggregating to Rs.64,93,511/- ( Rupees Sixty Four Lakh Ninety Three Thousand Five Hundred and Eleven only) along with interest @ 12.5% per annum to the plaintiff."
The issue of liability of the defendant is an issue in Money Suit No.47 of 2019 raised at the instance of the respondent herein as the plaintiff there and is yet to be adjudicated. Since a civil suit filed by the respondent is pending and the issue of liability of the petitioner can be decided at the trial which involves opportunity to the parties to lead evidence on such issue, it would be appropriate that such issue is left to be decided in such money suit. However, it would be appropriate to continue with the protection granted by the Division Bench so as to balance the equities.
In such circumstances, it would be appropriate to dispose of the present writ petition by issuing the following directions:- (a) The fixed deposit of Rs.45,47,730/- created by the writ petitioner in terms of the directions of the Division Bench dated December 2, 2019 will be renewed from time to time till further orders by the Court in seisin of the Money Suit No.47 of 2019 (b) The fixed deposit for a sum of Rs.45,47,730/- will stand credit to the Money Suit No.47 of 2019 and will abide by the directions issued by the Court in seisin of Money Suit No.47 of 2019 (c) The writ petitioner herein as the defendant in the Money Suit No.47 of 2019 is restrained from creating any encumbrance in respect of the property mentioned in the request letter dated October 3, 2019.
(d) The writ petitioner herein as the defendant in Money Suit No. 47 of 2019 is restrained from transferring
and/or alienating and/or disposing of such property without obtaining leave of the Court in seisin of the Money Suit No.47 of 2019 (e) Since the respondent herein as the plaintiff raised the issue of liability of the writ petitioner as the defendant in the Money Suit No.47 of 2019, the same is left open to be decided in the Money Suit No.47 of 2019. With the aforesaid directions, WPA/20297/2019 is disposed of accordingly.
(Debangsu Basak, J. )