Calcutta High Court
Hindustan Consultancy And Services ... vs Union Of India on 20 February, 2025
OD-8
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
EC/72/2024
HINDUSTAN CONSULTANCY AND SERVICES LIMITED
VS.
UNION OF INDIA
BEFORE:
The Hon'ble Justice PARTHA SARATHI SEN
Date : 20th February, 2025.
APPEARANCE:
Mr. Rajarshi Dutta, Adv.
Mr. A. P. Agarwalla, Adv.
Mr. Jit Roy, Adv.
...for Decree-holder
1.
At the time of hearing the learned advocate appearing on behalf of
the decree-holder, at the very outset, draws attention of this Court
to the certified copy of the decree as passed in CS/489/2000 by
the learned Trial Court. Attention of this Court is also drawn to the
certified copy of the appellate decree as passed in APD/281/2016,
wherefrom it reveals that the said appeal was dismissed and the
Appellate Court affirmed the judgment and decree passed by the
learned Trial Court and the said Appellate Court also imposed
costs of Rs.50,000/- upon the judgment-debtor.
2. At this stage, the learned advocate for the decree-holder also draws
attention of this Court to page 56 of the Affidavit in support of the
Tabular Statement as filed in connection with the instant
execution case. It is submitted that during the pendency of the
said appeal the said Appellate Court, while disposing of the stay
application, directed the judgment-debtor to secure the entire
decretal amount to the tune of Rs.2,18,56,330/-. Drawing further
attention of this Court to page 59 of the aforementioned affidavit, it
is submitted by the learned advocate for the decree-holder that on
3.10.2024 the Joint Registrar (Admin-II), Original Side of this
Court had certified that a sum of Rs.2,18,56,330/- was deposited
by the judgment-debtor with the Registry and the said amount has
been invested in a nationalized bank as mentioned therein. It
further reveals from the Certificate that till 24 th September, 2024, a
sum of Rs.1,02,41,235/- has been accrued towards interest.
3. At this stage, the learned advocate for the decree-holder again
draws attention of this Court to page 60 of the said Affidavit being
a statement in tabular form showing decretal amount on mesne
profit to the tune of Rs.85,93,130/- as on 30.11.2024 and the
interest to the tune of Rs.2,32,61,829/- totaling to
Rs.3,18,54,959/-.
4. Learned advocate for the decree-holder further submits that in
terms of the appellate decree, the decree-holder is also entitled to
costs of Rs.50,000/-, which is to be paid by the judgment-debtor to
the decree-holder. It is, thus, submitted that in column 7 the
aforesaid amount has been incorporated.
5. On careful consideration of the entire materials on record, as
placed before this Court and after hearing the learned advocate for
the decree-holder, this Count considers that justice would be sub-
served if an order is passed in terms of the prayer (a) of column 10
of the Tabular Statement as indicated hereinbelow.
6. The Registrar, Original Side is directed to encash the fixed deposit
of Rs.2,18,56,330/- as invested in the Central Bank of India, Red
Cross Place Branch, Kolkata and shall issue an account payee
cheque to the tune of Rs.3,20,97,566/- to the decree-holder after
deducting the Registrar's commission @ 1% on the principal
amount and @ 2.5% on the interest accrued on the principal
amount in terms of sub-clause 56 under Rule 74 of Taxation Rule
of Chapter XXXVI under Original Side Rules, High Court, Calcutta,
preferably within a fortnight from the date of communication of the
server copy of this order.
7. Let the matter appear under the same heading on 10 th April, 2025
for further consideration.
[PARTHA SARATHI SEN, J.]
sm
