The State Of West Bengal And Ors vs M/S. B B M Enterprise
2023 Latest Caselaw 2930 Cal/2

OCD-5
                                ORDER SHEET

                               IA NO.GA/3/2023
                                      In
                                 AP/808/2022

                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE
                             (Commercial Division)

                   THE STATE OF WEST BENGAL AND ORS.
                                   VS
                         M/S. B B M ENTERPRISE

  BEFORE:
  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA

Date : 11th October, 2023

Appearance:

Ms. Nilanjana Adhya, Adv.

...for the applicant

Mr. Anirban Ray, Ld. GP Mr. Priyankar Saha, Adv.

Mr. Paritosh Sinha, Ld. AOR Mr. Arindam Mandal, Adv.

...for State

The Court: The petitioner/award-holder seeks to argue that the learned

Registrar, Original Side of this Court was not entitled to retain 1% of the

amount which the petitioner was permitted to withdraw pursuant to a

judgment dated 25th July, 2023. The retention of 1% is provided under Chapter

XXXVI Rule 74 Clause 56 of the Original Side Rules. The Registrar had also

given a report to that effect which was considered by the Court on the previous

occasion.

The fine distinction which counsel seeks to draw between deposit and

withdrawal and the 1% being applicable only in cases of deposit is not

acceptable. This is also in view of the fact that the award-holder has furnished

three bank guarantees amounting to Rs.9.9 crores along with 1% deposit, the

records presented by the Department corroborates this. This is disputed on

behalf of the award-holder.

Nothing further remains of this matter. In any event, several applications

have been filed by the award-holder after the judgment passed by this Court.

The Court will not intervene any further.

GA/3/2023 is disposed of in terms of the above.

(MOUSHUMI BHATTACHARYA, J.)

R.Bhar