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Supreme CourtDivision Bench

Manash Mohan Chatterjee & Anr. vs Y. Ratnakar Rao & Ors.

Supreme Court Of India · Decided on 14 January 2019 · Citation: (2019) 01 SC CK 0245

HON’BLE JUDGES
N.V. Ramana, J · Mohan M. Shantanagoudar, J
RESULT
Disposed Of
CASE NUMBER
Miscellaneous Application No. 30 Of 2019 In Contempt Petition(C) No.1041 Of 2018 In Special Leave Petition (Civil) No. 26845 Of 2017
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Judgment

12 paragraphs · 326 words

The Special Leave Petition No.26845 of 2017 was filed by the State of West Bengal against the order passed by the High Court of Calcutta which was dismissed by this Court by passing the following order:­

"We are not inclined to interfere with the impugned order passed by the High Court of Calcutta. Accordingly, the Special Leave Petition stands dismissed.

However, learned Senior counsel appearing for the State makes a request that for compliance of the order, time may be granted at least for a period of four months.

As prayed, four months' time is granted to comply with the order."

Thereafter Contempt Petition was moved by the petitioners ­herein and the said contempt was disposed of by an Order dated 13­11­2018. While the contempt petition was pending, on 20­7­2018, we passed the following order.

"Even though there is a letter circulated by learned counsel for the petitioners for adjournment, learned counsel appearing for the State has handed over the demand draft of Rs.7,82,77,387/­ (Rupees Seven Crore Eighty Two Lakhs Seventy Seven Thousand Three Hundred and Eighty Seven only) in favour of Registrar, Supreme Court of India payable at New Delhi.

Let this amount be kept in an interest bearing short­term fixed deposit of a Nationalized Bank."

However, by virtue of our Order passed on 20­7­2018, the aforesaid amount was deposited by the State which is lying with the Registry of this Court in an interest­bearing Fixed Deposit Receipt and the said F.D.R. is going to expire on 1­2­2019.

Learned Senior counsel appearing for the State submits that Award has been passed on 11­1­2019.

Since there is no litigation pending before us, it is not appropriate for us to keep the said amount with the Registry of this Court.

Accordingly, we direct the Registrar, Supreme Court of India to return the said amount along with accrued interest thereon to the State of West Bengal or State's Advocate­on­Record.

Miscellaneous Application is disposed of in the afore­stated terms.