CIVIL APPEAL None on 16 November 2016

2

13.2.23

S.D.

IN THE HIGH COURT AT CALCUTTACIVIL APPELLATE JURISDICTION

F.M.A. 1511 of 2016WithCAN 1 of 2016(Old No. CAN 3440 of 2016)WithCAN 4 of 2023

West Bengal Housing Board & Anr.

Vs.

.The District Magistrate and Ors.

Ms. Sutapa SanyalMs. S. Nesar … For the Applicant.

Re: CAN 4 of 2023

This is an application for clarification of anorder passed by a division bench of this court on 16[th]November, 2016. Both the learned judges who passed theorder are not part of this court today. It is submitted thatwe have jurisdiction to hear this application, which weaccept.

The part of the said judgement and order ofwhich clarification is sought is at page 4 thereof. Itrecords that Rs. 11,39,000/- ‘has already been depositedby the appellant with the Registrar General.’ We notice atpage 22 of the present application that this sum wasdeposited by the appellant no. 2. (Bengal PeerlessHousing Development Company Ltd.). Again in the following part of the said order the court directed theRegistrar General to refund the balance sum ‘to theappellant’.

This balance sum was Rs. 1,49,00,836(Rupeesone crore forty-nine lakh eight hundred and thirty sixonly). The Registrar General without seeking anyclarification refunded it to The West Bengal HousingBoard, the appellant no. 1.

The Board realizing the mistake in this orderhas resolved that a suitable communication be receivedfrom the Registrar General to enable the Board to makeover the money to the appellant no. 2. Since the appellantno. 2 made the deposit it was entitled to its refund.

We clarify the said judgement and order dated16 November, 2016 by saying that the reference to theappellant meant appellant no. 2 in the said part of theorder and the refund was to be made to this appellant.

We clarify the said order accordingly and alsodirect that it is to be complied with by the appellant no. 1refunding/remitting Rs.1,49,00,836/- to the appellant no.2 within three weeks of communication of this order.

This application (CAN 4 of 2023) is disposed of.

(I.P. Mukerji, J.)

(Biswaroop Chowdhury, J.)