Calcutta High Court
Punalur Paper Mills Limited vs West Bengal Sugar Industries ... on 2 April, 2025
Author: Sugato Majumdar
Bench: Sugato Majumdar
OD-1 to 3
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
EC-COM/132/2024
PUNALUR PAPER MILLS LIMITED
VS
WEST BENGAL SUGAR INDUSTRIES DEVELOPMENT
CORPORATION LIMITED
With
AP-COM/37/2023
IA NO: GA-COM/1/2024
WEST BENGAL SUGAR INDUSTRIES
DEVELOPMENT CORPORATION LTD
VS
PUNALUR PAPER MILLS LTD
PARITOSH SINHA S.KAKRANIA AND CO.
With
AP-COM/615/2024
WEST BENGAL SUGAR INDUSTRIES
DEVELOPMENT CORP. LTD ( WBSIDCL)
VS
PUNALUR PAPER MILLS LTD
BEFORE:
The Hon'ble JUSTICE SUGATO MAJUMDAR
Date : 2nd April, 2025.
Appearance:
Mr. Paritosh Sinha, Adv.
Mr. Arindam Mandal, Adv.
Ms. Swagata Ghosh, Adv.
...for Award Debtors / State Mr. S. N. Mookherjee, Sr. Adv.
Mr. Jishnu Saha, Sr. Adv.
Mr. Sakya Sen, Sr. Adv.
Mr. Shaunak Mitra, Adv.
Mr. Shiv Ratan Kakrani, Adv.
Mr. S.J. Mookherjee, Adv.
...for the Award Holder The Court:- In terms of Order dated 10th March, 2025 the Bank account of the judgment-debtor being A/c. No. 1039703229 maintaining in Central Bank of India, New Market Branch was freezed and attached. Mr. Sinha, Learned Senior 2 Counsel appearing for the judgment-debtor submitted that the State has sanctioned the amount. Unless the order of attachment and freezing is lifted, this account cannot be operated to comply with the direction dated 26th September, 2024. Mr. Mookerji, Learned Senior Counsel and Mr. Sen, Learned Senior Counsel appearing for the Award-Holder submitted that they have no objection subject to the condition that sufficient arrangement should be made for compliance with the Order dated 26th September, 2024. The Branch Manager, Central Bank of India, New Market Branch is hereby directed to prepare a Demand Draft or Banker's Cheque in favour of "The Registrar, Original Side, High Court at Calcutta" for a sum of Rs.3,01,22,996.50 and shall send the same to the Learned Registrar, Original Side.
Since assurance is given by Mr. Sinha, Learned Senior Counsel, the Order of attachment as well as freezing is lifted only subject to the condition that he will furnish a Bank guarantee within four weeks from date for a sum of Rs. 3,01,22,996.50. To this extent the Order dated 10th March, 2025 stands modified. Fix the matter on 23rd April, 2025 for further hearing. The Bank shall prepare and send the Demand Draft or Banker's Cheque to the Learned Registrar, Original Side within two weeks from today. The Learned Registrar, Original Side shall forthwith furnish a Report to this Court on compliance of this order. All the applications shall appear in this list on returnable date, so fixed.
(SUGATO MAJUMDAR, J.) T,O. AR(CR)