M/S B B M Enterprises vs The State Of West Bengal And Ors
2024 Latest Caselaw 3135 Cal/2

Calcutta High Court

M/S B B M Enterprises vs The State Of West Bengal And Ors on 4 November, 2024

Author: Soumen Sen

Bench: Soumen Sen

OC-6
                               ORDER SHEET

                              AO-COM/2/2024
                                  WITH
                               AP/808/2022

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


                        M/S B B M ENTERPRISES
                               VERSUS
                  THE STATE OF WEST BENGAL AND ORS.


  BEFORE:
  The Hon'ble JUSTICE SOUMEN SEN
             AND
  The Hon'ble JUSTICE APURBA SINHA RAY
  Date : 4th November, 2024
                                                                        Appearance:
                                                    Mr. Jayanta Kr. Mitra, Sr. Adv.
                                                        Ms. Nilanjana Adhya, Adv.
                                                                 ..for the appellant

                                                         Mr. Priyankar Saha, Adv.
                                                      Mr. Paritosh Sinha, Ld. AOR
                                                       Mr. Arindam Mandal, Adv.
                                                     Mr. Aishik Chakraborty, Adv.
                                                        ...for the State respondent

Mr. Krishnaraj Thaker, Adv.

...for the Registrar, Original Side

The Court: The judgment under appeal refers to report filed by the

Registrar, Original Side with regard to commission of 1% charged on a sum of

Rs.9 crores deposited by the appellant pursuant to an order passed by the

learned Single Judge on 25th July, 2023.

It is submitted on behalf of the appellant that the award-holder did not

receive the entire amount and the shortfall is approximately Rs.9 lakhs in

aggregate as the learned Registrar has charged 1% commission by invoking

Chapter XXXVI Rule 74 Serial 56.

Mr. Thaker, learned counsel appearing on behalf of the Registrar,

Original Side has prayed for time to take instructions with regard to the

utilisation of commission being charged by the Registrar.

The report filed by the Registrar before the learned Single Judge shall be

produced by the Department on the adjourned date.

This order should be immediately communicated to the Registrar,

Commercial Division for information and doing the needful.

The matter shall be listed on 11 th November, 2024 under the heading

'For Orders'.

(SOUMEN SEN, J.)

(APURBA SINHA RAY, J.)

bp/R.Bhar