(State Of West Bengal vs Sangramjit Singha Roy)
2023 Latest Caselaw 2702 Cal

    7
19.04.2023
 Ct. No. 32
    rrc


                                  FA 72 of 2022
                                      with
                              IA No. CAN 4 of 2023


                 (State of West Bengal Vs. Sangramjit Singha Roy)

                 Mr. Soumitra Bandyopadhyay
                 Mr. Aniruddha Sen
                                   ..... For the appellant


                 Mr. Ayan Banerjee
                 Mr. Soumo Choudhury
                 Ms. Debjani Sengupta
                                   ..... For the respondent/applicant

This is an application praying for withdrawal of 50%

of the decreetal amount as deposited by the appellant

pursuant to the orders dated 25 th August, 2022 and 31st

January, 2023 passed by a coordinate Bench of this

Court, without furnishing any security.

Let the affidavits exchanged by the parties be kept on

record.

Ms. Sengupta, learned advocate appearing for the

applicant/respondent submits that by reason of

acquisition of the concerned land, the applicant's right to

livelihood has been adversely affected. There is no

possibility towards early disposal of the appeal. The

applicant is an aged person and is suffering from several

ailments for which he had to undergo surgery incurring

huge expenses. He is facing extreme financial stringency

and as such he may be allowed to withdraw 50% of the

decreetal amount, as deposited by the appellant

pursuant to the orders passed on 25 th August, 2022 and

31st January, 2023. In support of such contention,

reliance has been placed upon the judgment delivered in

the case of Nayara Energy Limited -vs- State of Gujarat &

Ors., reported in AIR 2021 SC 520.

Mr. Sen, learned advocate appearing for the appellant

opposes the applicant's prayer and submits that the

appellant has a fair chance of success in the appeal.

Answering our query, Mr. Sen submits that in terms

of the earlier order of this Court, an amount of

Rs.1,05,51,794/- has been deposited with the learned

Registrar General.

Heard the learned advocates appearing for the

respective parties and considered the materials on

record.

In view of the factual matrix of the present case and

balancing the equities between the parties, we are of the

opinion that the applicant may be allowed to withdraw

50% of the amount as deposited by the appellant.

Accordingly, this Court directs that the learned

Registrar General shall issue a bank draft of 50% of the

amount deposited by the appellant, to the applicant upon

encashing the term deposit and on proper identification,

within four weeks from the date.

The Registrar General shall re-invest the remainder

amount in a short term interest bearing fixed deposit in

any nationalized bank of his/her choice to be renewed

from time to time till the disposal of the appeal, however,

subject to any further order that may be passed by this

Court.

The application being CAN 4 of 2023 is, accordingly,

disposed of.

(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)