Union Of India v. Atul Dhanotia

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT PORT BLAIR ...

CO/22/2021 Union of India ...

Petitioner Vs.

Atul Dhanotia ...

Respondent Mr.Deep Chaim Kabir, Mr. Ramendu Agarwal, Advocates ...for the petitioner Mr. S.C. Mishra, Advocates ... for the respondent November 22, 2021 [GNC] Item No.1.

This Court has heard the award-holder and Mr.Deep Kabir, learned counsel for the petitioner.

The question as to whether any further interest is payable by the Zilla Parisad to the award-holder, has been hotly contested by the parties.

The Zilla Parisad has deposited a cheque for a sum of Rs.26,12,727/- with the Registrar of the Circuit Bench of this Court. A communication dated 18th November, 2021 issued by Mr.Ramendu Agarwal, learned advocate for the Administration to the Registrar is kept with the record. As already ordered the award-holder may encash the same if he so choses.

This Court is of the view that given controversy regarding further interest being claimed by the awardholder, the Zilla Parisad ought to deposit a further sum of Rs.5,00,000/- with the Executing Court that shall be kept in a auto-renewal interest bearing fixed deposit account. The Executing Court shall attempt to dispose of the said proceedings within a period of fifteen days from the date of communication of a copy of this order.

Upon deposit of the said sum of Rs.5,00,000/- and encashment of the cheque deposited with the Registrar to be presented by the judgement-debtor, the order of attachment of the office of the Zilla Parisad shall remain stayed and abide by any final order that may be passed by the Executing Court in the pending proceedings.

It is made absolutely clear that the Executing Court below shall proceed to deal with the matter strictly in accordance with law uninfluenced by any observations made hereinabove.

In the event it is found that any further sum is payable to the award-holder, or that the Administration is entitled to refund of the entire sum or any part or portion thereof, the Court below shall consider the same in accordance with law.

The deposit as above i.e. Rs.5,00,000/- and the payment of Rs.26, 12, 727/- by way of cheque as already stated in the order dated 18th November, 2021 shall be without prejudice to any of the rights and contentions of the parties.

CO/22/2021 stands disposed of.

There shall be however no order as to costs.

( Rajasekhar Mantha, J. )