The State Of West Bengal vs Pravat Roy Chowdhury & Others
2023 Latest Caselaw 568 Cal

18.01.2023
 rpan/08


                                FAT 609 of 2019
                                       +
                             IA No.: CAN 4 of 2022
                           The State of West Bengal
                                    - Versus -
                         Pravat Roy Chowdhury & 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 5th 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.)