Sufia Khatoon vs Asif Ali
2021 Latest Caselaw 1649 Cal/2

OD-3
                              ORDER SHEET

                         APOT No. 198 of 2021
                          IA No. GA 1 of 2021
                                 With
                        CS No.283 of 2011
                  IN THE HIGH COURT AT CALCUTTA
                   CIVIL APPELLATE JURISDICTION
                            ORIGINAL SIDE

                              SUFIA KHATOON
                                 Versus
                                ASIF ALI



Before:
The Hon'ble Justice I. P. MUKERJI
            And
The Hon'ble Justice ANIRUDDHA ROY
Date: 17th December 2021.

(Via Video Conference)
                                                              Appearance:
                                           Mr. Sarvopriya Mukherjee Adv.
                                                          Mr. Arif Ali, Adv.
                                          Mrs. Nilofer Siddique Alam, Adv.
                                               Mr. S. Bhattacharjee, Adv.


                                                      Mr. C. S. Saha, Adv.



       The Court: We admit the appeal

       We propose to dispose of it today, dispensing with all formalities.

       We have examined the impugned judgment and order dated 4 th

October, 2021.

       The learned Judge seems to have erred in entertaining the view

that for withdrawal of the interest amount in terms of the order of the

Division Bench dated 13th August, 2013, a further application had to be

made to the court and an order obtained from it.

       Nothing of that kind is required under the order dated 13 th

August, 2013. The plaintiff/respondent had the right to receive the

interest credited in the Registrar's account, in totality.

In such circumstances, the impugned order is modified and order

in implementation of the previous order of the Division Bench dated

13th August, 2013 is made by directing the appellant to furnish her

bank account details with the learned Registrar, Original Side, who

shall forthwith transfer the interest accrued and credited in respect of

Rs.9,25,000/- to the account of the appellant electronically or

otherwise. Future credit of interest into the learned Registrar's account

shall also be so transferred to the appellant's account as soon as

possible after accrual and credit of that interest in the Registrar's

account.

The appeal and the stay application are accordingly disposed of.

(I. P. MUKERJI, J.)

(ANIRUDDHA ROY, J.)

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