JUDGMENT

Prakash Shrivastava, C.J.

1. These cross appeals are directed against the order of the learned Single Judge dated 4th of August, 2021 whereby WPA 5949 of 2020 2 FMA 1262 of 2022 filed by the appellants in FMA 1262 of 2022 has been disposed of with a direction to the appellant in FMA 152 of 2022 to refund the sum received from the writ petitioner as transfer free.

2. The facts in nutshell are that appellants in FMA 1262 of 2022 (writ petitioners) had filed the writ petition challenging the demand of transfer fee by the respondent No.1 (appellant in FMA 152 of 2022) contained in the letter dated 24th of June, 2019 in respect of 4 lease deeds dated 16.02.1999, 29.12.1990, 11.11.2003 and 04.05.2010 and seeking a declaration that no such transfer fee was payable. The plea of the writ petitioner was that the proceedings were initiated against the writ petitioner No.1 under Section 7 of the Insolvency and Bankruptcy Code in the National Company Law Tribunal, Kolkata. The petitioner No.2 was declared by the Committee of Creditors to be the successful resolution applicant on 14th of February, 2019 and the resolution plan submitted by the petitioner No.2 was approved by the National Co