The State Of West Bengal & Ors vs M/S. Dilip Kumar Saha
2021 Latest Caselaw 173 Cal/2

ORDER SHEET
                                                                            OC-18


                                 AP/89/2015
                   IA NO. GA/1/2018 (OLD NO. GA 2586/2018)
                       IN THE HIGH COURT AT CALCUTTA
                    ORDINARY ORIGINAL CIVIL JURISDICTION
                            COMMERCIAL DIVISION


                     THE STATE OF WEST BENGAL & ORS.
                                  VERSUS
                          M/S. DILIP KUMAR SAHA



  BEFORE:
  The Hon'ble JUSTICE DEBANGSU BASAK

Date: 19th February, 2021.

(Via Video Conference)

Appearance:

Mr. Paritosh Sinha, Adv.

Mr. Arindam Mandal, Adv.

Mr. Tirthankar Das, Adv.

Mr. Sarajit Mitra, Adv.

The Court: Learned advocate appearing for the petitioner submits that

there is a delay of three days in preparing the pay order for the sum of Rs.1.5

crores in favour of the Registrar, Original Side of this Hon'ble Court, in terms of

the order dated January 15, 2021. He submits that the pay order was made

ready on February 15, 2021 and that the time to put in the deposit expired on

Friday, February 12, 2021. He submits that, since the pay order was made ready

on the next working day, the state be allowed to deposit the same with the

Registrar, Original Side in terms of the order dated January 15, 2021.

The award holder opposes the prayer.

The order dated January 15, 2021 granted unconditional stay for a period

of four weeks in the event, the judgment debtor deposits a sum of Rs.1.5 crores

with the Registrar, Original Side. Such stay was to continue till the disposal of

the application in the event the deposit was made.

It appears that the judgment debtor is prepared to deposit in terms of the

order dated January 15, 2021. It would be appropriate to extend the time to

comply with the order dated January 20, 2021 till February 26, 2021, in the facts

and circumstances of the present case, and in the interest of justice.

(DEBANGSU BASAK, J.)

sp/