Citation : 2026 Latest Caselaw 2668 Cal/2
Judgement Date : 6 April, 2026
OC-8
APO/208/2017
WITH CP/211/2015
IA No.ACO/1/2026 (Old No.ACO/136/2016)
ACO/2/2016 (Old No.ACO/150/2016)
ACO/35/2025
ACO/37/2025
ACO/38/2026
IN THE HIGH COURT AT CALCUTTA
Commercial Appellate Division
ORIGINAL SIDE
SANCHAYANI SAVINGS AND
INVESTMENT (I) LTD.
-VERSUS-
RESERVE BANK OF INDIA AND ORS.
BEFORE:
The Hon'ble JUSTICE DEBANGSU BASAK
-AND-
The Hon'ble JUSTICE MD. SHABBAR RASHIDI Date: 6th April, 2026
Appearance:
Mr. Anindya Basu, Sr. Adv.
Ms. Sangeeta Roy, Adv.
Mr. Sandeep Prasad Shaw, Adv.
Ms. Monalisa Maity, Adv.
Mr. Chandra Prakash, Adv.
...for the applicant in ACO/35/2025.
Mr. Syed E. Huda, Adv.
Mr. Rittick Chowdhury, Adv.
Sk. Aptabuddin, Adv.
...for the applicant in ACO/37/2025.
Mr. Syamantak Banerjee, Adv.
Mr. Rahul Singh, Adv.
...for the applicant in ACO/38/2026.
Mr. Sakya Sen, Sr. Adv.
Mr. Suvadeep Sen, Adv.
Ms. Sormi Dutta, Adv.
...The Special Officer.
Mr. Dilip Kundu, Adv.
Mr. Arjun Basu, Adv.
Ms. Aditi Biswas, Adv.
...for RBI.
The Court :- Re: ACO/37/2025: AC)/37/2025 is an application at
the behest of a person seeking a direction upon the Special Officer to execute
and register a deed of conveyance in respect of shop Nos.19 and 20 on plot
known as "Sanchayani City" being plot nos.62, 63 and 64, Sector-15, CBD,
Belapur, Navi Mumbai.
Learned Special Officer is represented.
Report submitted on behalf of the learned Special Officer is taken on
record.
It transpires from such report that the learned Special Officer found
that a sum in excess of Rs.15,80,000/- was paid by the applicant in respect of
the two shop rooms.
Since, the consideration amount stands paid by the applicant, as
appearing, inter alia, from the report dated March 10, 2000 and other
documents annexed to the application as also on record, we deem it
appropriate to grant prayer (a) of the application.
Learned Special Officer will register and execute the deed of
conveyance in respect of shop Nos.19 and 20 on plots known as "Sanchayani
City" being plot nos. 62, 63 and 64, Sector-15, CBD, Belapur, Navi Mumbai as
expeditiously as possible.
The applicant shall pay all costs, charges and expenses for the
execution and registration of such deed of conveyance. The applicant will bear
the stamp duty in respect of such registration of the conveyance at the market
price on the date of presentation of the deed for registration.
ACO/37/2025 is disposed of accordingly.
Re: ACO/38/2026: This application is at the instance of a transferee
of an apartment being Row House No.107, "Sanchayani City" on plot nos.62,
63 and 64, Sector-15, CBD, Belapur, Navi Mumbai.
Learned Advocate appearing for the applicant submits that, a sum of
Rs.2 lakhs is still to be paid which his client will pay at the time of execution of
the document. He submits that, his client will also bear all costs, charges and
expenses for the execution and registration of the conveyance as also the
stamp duty.
Learned Senior Advocate appearing for the Special Officer submits,
on the basis of the report that, the Special Officer does not object to the prayer
being granted.
In such circumstances, learned Special Officer will proceed to execute
and register the deed of conveyance in respect of Row House No.107,
"Sanchayani City" on plot nos.62, 63 and 64, Sector-15, CBD, Belapur, Navi
Mumbai as expeditiously as possible, subject to the applicant paying a sum of
Rs.2 lakh and bearing all costs and expenses with regard to the execution and
registration of the deed of conveyance and paying the stamp duty in respect
thereof on the date of presentation of the document for registration.
ACO/38/2026 is, therefore, disposed of.
Re: APO/208/2017: List the appeal along with the pending
applications in the monthly list of June, 2026.
(DEBANGSU BASAK, J.)
(MD. SHABBAR RASHIDI, J.)
A/s.
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