Citation : 2025 Latest Caselaw 2794 Cal/2
Judgement Date : 25 September, 2025
ORDER OD-20
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
IA NO: GA/1/2025
EC/5/2025
SHAMAYITA SEN
VS
SIDDHARTHA CHATTERJEE AND ANR.
BEFORE :
The Hon'ble JUSTICE BISWAROOP CHOWDHURY
Date: 25th September, 2025.
Appearance:
Mr. Sakya Sen, Sr. Adv.
Mr. Ariban Pramanick, Adv.
Ms. Bhagyasree Dey, Adv.
... For decree-holder Mr. Debdut Mukherjee, Adv.
Mr. Gaurab Kumar Das, Adv.
... For judgment debtor no.1 Mr. Kajal Roy, Adv.
...Special Officer
The Court:- Mr. Sakya Sen, learned senior Advocate for the
decree-holder and Mr. Debdut Mukherjee, learned Advocate for the
judgment debtor no.1 and the learned Special Officer are present.
Learned Special Officer has submitted the report. The report is
taken into consideration. In paragraph no.8 of the report, it is stated as
follows:-
"On researching from the website of National Securities
Depository Limi it appears that in case of death of joint shareholders of
any particular share the joint shareholder who is alive has to transfer the
share in his demat account and thereafter he can transfer the share to
anyone. In the present case Mr. Siddhartha Chatterjee or Smt. Manisha
Chatterjee need to transfer all the shares in their respective demat
accounts and after transferring the same in their demat account they will
transfer the share online in the demat account of Shamayita sen by
executing share transfer form. This view is also supported by the letters
issued by the aforesaid share transfer agents in favour of the decree
holder which are appearing at page 49 & 54 of the Execution Application."
Mr. Mukherjee, learned Advocate for the judgment debtor no.1,
submits that with regard to the report of the learned Special Officer,
after transfer of shares in the respective demat accounts of Mr.
Siddhartha Chatterjee and Smt. Manisha Chatterjee, necessary transfer
to be made in the demat account of Smt. Shamayita Sen he has some
objection as the transfer is to be made to the executor Mr. Udayan
Mukhrjee.
Mr. Sen, learned senior Advocate for the decree-holder, does
not have any objection in complying the same but submits that a time
period be mentioned for doing the needful.
Thus, this matter stands adjourned till 18.11.2025 for report
of such transfer in the presence of the Special Officer.
Learned Special Officer shall upon notice to both the judgment
debtor and decree-holder and their learned Advocates and upon holding
a meeting shall fix the date and time when such transfer is to be made to
the demat account and thereafter to the account of the executor.
Upon making the transfer the learned Special Officer shall
intimate the same to the learned Advocates for both the parties and the
Learned Special Officer shall submit a report on 18.11.2025.
Let this matter appear on 18.11.2025.
In the meantime, necessary steps shall be taken to transfer the
sum lying at Royal Bank of Scotland, 7, Camac Street, Kolkata- 700 017
in S.B. A/c. No. 452103 as on 31.12.2013 by the judgment debtor to the
decree-holder.
(BISWAROOP CHOWDHURY, J.)
JM
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!