The State Of West Bengal vs Sabera Khatun & Others
2023 Latest Caselaw 567 Cal

18.01.2023
rpan/10


                               FAT 615 of 2019
                                       +
                             IA No.: CAN 4 of 2022
                           The State of West Bengal
                                    - Versus -
                            Sabera Khatun & Others


                   Mr. Rabindra Narayan Dutta,
                   Mr. Hare Krishna Halder
                                ... for the Appellant.
                   Mr. Debayan Bera,
                   Mr. Sakti Prasad Chakrabarti
                                ... for the Respondents.

Mr. Dutta, learned advocate appearing for the

appellant submits that the present appeal was

analogously heard on 5 th May, 2022 along with other 8

appeals as all the appeals arise out of the same judgment

and decree. However, separate orders were passed in the

respective appeals on 5th May, 2022. Inadvertently,

instead of preparing nine cheques of `5,000/- each, a

composite cheque of `45,000/- was prepared. Similarly,

a composite cheque of `6,30,26,308/- was prepared

towards the decreetal amount involved in all the nine

appeals. In view thereof, the costs and the decreetal

amount could not be deposited within the time specified

in the order dated 5th May, 2022 and as such the present

application has been preferred for restoration of the

appeal. Presently the appellant has prepared separate

cheques pertaining to decreetal amount involved in the

respective appeals.

Mr. Bera, learned advocate, enters appearance on

behalf of the respondents.

It appears that inadvertently composite cheques

were prepared pertaining to costs and total decreetal

amount involved in the nine appeals. As presently nine

separate cheques have been drawn pertaining to the

decreetal amount in the respective appeals, we direct the

appellant to deposit the said cheques with the learned

Registrar-General within 2nd February, 2023. The

appellant shall also deposit the cheque of `45,000/- with

the High Court Legal Services Committee within 2 nd

February, 2023. The delay, which has occurred towards

deposition of the said costs and the decreetal amount,

stands condoned.

The appeal is restored to its original file and

number. The interim order is reinstated and extended

till 15th February, 2023 or until further order whichever

is earlier.

List the matter in the daily supplementary list of

this Court on 2nd February, 2023 under the heading 'To

Be Mentioned'.

On the returnable date, the appellant shall

produce the receipts towards payment of the costs and

the decreetal amount.

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