Shiladitya Banerjee And Ors vs The State Of West Bengal
2025 Latest Caselaw 2525 Cal/2

Calcutta High Court

Shiladitya Banerjee And Ors vs The State Of West Bengal on 11 September, 2025

OD-14
                              ORDER SHEET
                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                              ORIGINAL SIDE


                                   EC/7/2025

                        SHILADITYA BANERJEE AND ORS
                                     VS
                         THE STATE OF WEST BENGAL

BEFORE:
The Hon'ble JUSTICE BISWAROOP CHOWDHURY
Date: 11th September, 2025.


                                                                     APPEARANCE:
                                                                   Mr. Rajarshi Dutta, Adv.
                                                                 Mr. Sabyasachi Sen, Adv.
                                                       ...for the decree holder Nos. 1 to 3.

                                                                    Mr. Pranit Bag, Adv.
                                                     Mr. Ramanuj Roy Chowdhury, Adv.
                                                   ...for added party/decree holder No. 4.

                                                                 Mr. Paritosh Singh, Adv.
                                                               Mr. Arindam Mandal, Adv.
                                                               Ms. Swagata Ghosh, Adv.
                                                                    ...for the respondent.

The Court : Learned Advocates for the decree holder no. 1, decree holder

no. 2, decree holder no. 3 and decree holder no. 4 are present. Mr. Sinha,

learned Advocate on behalf of the State of West Bengal is also present.

Heard learned Advocates for the parties.

It appears that by an order dated 1st May, 2025, the judgment debtor-

opposite party was restrained from operating its bank account maintained with

Reserve Bank of India, B.B.D Bag, Kolkata in the name of Land Acquisition

Collector's account requisitioned B/A A/c. no. 29 without setting apart a sum

of Rs.13,94,03,711/-. Thereafter, the notice was issued upon the judgment

debtor. On the prayer of the learned Advocate for the judgment debtor, the

matter was adjourned to obtain necessary orders from the Hon'ble Supreme

Court.

It is submitted by the learned Advocates that the special leave petition

which was filed against the order of the Hon'ble Division of this Court is

already dismissed. Learned Advocate for the judgment debtor-State relies upon

the copy of the order and submits that the said special leave petition is not

dismissed on merits but on the grounds that the Hon'ble Court has not

invoked the extraordinary jurisdiction for the grounds stated in the said order.

Learned Advocate also submits that his client intends to file a review

application.

Upon perusal of the order of the Hon'ble Supreme Court, this Court is of

the view that once the special leave petition is disposed of, there are no

grounds for this Court to further adjourn this execution case.

It is prayed for by the learned Advocates for the decree holder nos. 1, 3

and 4 that payment be made to the decree holders by the Reserve Bank of

India and it is suggested by Mr. Sinha, learned Advocate appearing for the

State that the payment be made subject to the condition that they shall keep

in a separate account the amount received and not liquidate the same for a

period twelve weeks, to enable the judgment debtor to file a review petition.

This Court is of the view that in the interest of justice, there should be a

direction upon the Reserve Bank of India to make payment of Rs.6,01,48,874/-

each to both decree holder no. 1- Mr. Shiladitya Banerjee and decree holder

no. 4- Ms. Arundhati Chatterjee. Such sums upon being received from the

Reserve Bank of India by the decree holder nos. 1 and 4 and upon being

invested in any account of a nationalised bank shall not be liquidated for a

period of eight weeks from the date of such receipt without the leave of this

Court.

With regard to the decree holder no. 3, the Reserve Bank of India is

directed to keep separately Rs.6,01,48,874/- in a separate account and shall

not operate the said account without the leave of this Court.

As technical point is raised by the judgment debtor, although the decree

holder no. 3 is made a party to this execution case, liberty is granted to the

decree holder no. 3 to take out a formal application with regard to the direction

of payment.

Let this matter appear on 11th November, 2025

(BISWAROOP CHOWDHURY, J.)

KB AR(CR)