Calcutta High Court
Randhir Singh Bhutoria vs Food Corporation Of India on 2 August, 2022
OD-3
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
EC/111/2021
RANDHIR SINGH BHUTORIA
-VS-
FOOD CORPORATION OF INDIA
BEFORE:
The Hon'ble JUSTICE MD. NIZAMUDDIN
Date : 2nd August, 2022.
Appearance:
Mr. Arindam Paul, Adv.
Ms. Parna Mukherjee, Adv.
Mr. Saswata Chatterjee, Adv.
...for the decree-holder.
Mr. K.K. Chattopadhyay, Adv.
...for the judgment-debtor.
The Court: Heard learned counsel appearing for the decree-holder and the
judgment-debtor and considered the execution application and particularly
Annexure-'B' at page 7 of the said execution application which is the document
issued on 25th February, 2021 by the judgment-debtor Food Corporation of
India and on perusal of paragraph 2 of the same it appears that the decree-
holder was informed to withdraw the remaining decretal amount of
Rs.29,55,394.78 lying before the learned Registrar, Original Side.
Mr. Chattopadhyay, learned counsel appearing for the judgment-debtor
also produces a calculation sheet issued by the authority concerned of Food
Corporation of India on 28th July, 2022 from which it appears that the decretal
sum by the decree dated 2nd February, 2015 was Rs.27,77,866.20 and interest
on the said decretal amount as calculated on 25th February, 2021 at the interest
rate of 8.33% per annum comes to Rs.52,83,547.73 and the cost of the suit is
Rs.20,000/-. So, the total amount as per the aforesaid decree which the
judgment-debtor is liable to pay including interest and cost of the suit on 25th
February, 2021 comes to Rs.80,81,414/-. It also appears from the said
calculation sheet that towards the aforesaid total payable amount the judgment-
debtor Food Corporation of India has already paid Rs.51,26,019.23. So after
adjustment of the aforesaid total payable amount as on 25th February, 2021
which is the date when decree-holder was communicated to withdraw the money
from the learned Registrar, Original Side which was lying in account of the
judgment-debtor Food Corporation of India, comes to Rs.29,55,394.78.
It appears from the said calculated sheet that the judgment-debtor Food
Corporation of India had already deposited an amount of Rs.29,77,369/- in the
form of interest bearing fixed deposit on 2nd February, 2021 with the learned
Registrar, Original Side and the balance amount to be paid to the judgment-
debtor comes to Rs.29,55,394.78 on 25th February, 2021.
It is the fault on the part of the decree-holder in not approaching the
learned Registrar, Original Side for payment of the amount lying with him in
spite of specific consent and communication by the judgment-debtor Food
Corporation of India to the decree-holder and if the decree-holder was facing any
difficulty in withdrawing the aforesaid money lying with the learned Registrar,
Original Side, he should have immediately taken appropriate steps and the
judgment-debtor Food Corporation of India cannot be made liable for payment of
any further interest on account of delay on the part of the decree-holder in
approaching the learned Registrar, Original Side for withdrawal of the said
money.
Considering the submissions of the parties and materials available on
record, this execution application is disposed of by directing the learned
Registrar, Original Side to pay the amount of Rs.29,55,394.78 to the
plaintiff/decree-holder as described in the Tabular Statement within a fortnight
from date subject to compliance of all formalities and to return the balance
amount which is lying deposited with him along with the interest to Food
Corporation of India, subject to compliance with all requisite formalities.
In view of this order, decree dated 2nd February, 2015 stands satisfied and
EC/111/2021 stands disposed of.
(MD. NIZAMUDDIN, J.)
s.pal
