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Calcutta High Court

Ronendra Chowdhury & Ors vs Subodh Kumar Majumder & Anr on 29 April, 2025

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

OD-1
                                  ORDER SHEET

                              CSOS 5 of 2024
                 IA No.GA/1/2025, GA/2/2025, GA/3/2025
                     IN THE HIGH COURT AT CALCUTTA
                 ORDINARY ORIGINAL CIVIL JURISDICTION
                              ORIGINAL SIDE

                     RONENDRA CHOWDHURY & ORS.
                                VS.
                    SUBODH KUMAR MAJUMDER & ANR.


BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 29th April, 2025.



                  Mr. Sudipto Sarkar, Sr. Adv.(VC), Mr. Jishnu Chowdhury, Sr. Adv., Mr.
                                           Soumalya Ganguli, Advocate for the plaintiffs.

                 Mr. Supriyo Gole, Mr. Aishwarya Kr. Awasthi, Advocates for defendants.

    Mr. Partha Sarathi Bhattacharyay, Sr. Adv., Mr. Jakir Hossain, Mr. Shahan Shah, Mr.
             Soumen Barman, Mr. Sk. Abumusa, Advocates for applicants in GA/1/2025.

                  Mr. Sabyasachi Chatterjee, Mr. Pintu Karar, Mr. Akashdeep Mukherjee,
                                 Advocates for applicants in GA/2/2025 & GA/3/2025.



       Re : GA/1/2025

       The Court : The petitioners are directed to deposit the deficit court

fees by 2nd May, 2025, failing which the application shall be treated to have

been filed only by the petitioner no.1.

       The petitioners are granted leave to use a supplementary affidavit to

bring on record the documents to demonstrate that they were asked by their

employer to contribute to the trust fund, the dissolution of which is sought

for and that they had contributed to the same. Unless these documents are

being shown to Court, it is not possible to even prima facie ascertain that

the applicants who intend to be added as party respondents in the matter
2

have any right of audience to object to the disposal of the trust fund as prayed for by the plaintiffs and are necessary and proper parties to the suit. Such supplementary affidavit should be filed by 2nd May, 2025, with an advance copy to the plaintiffs by 2nd May, 2025.

It is made clear that in the event supplementary affidavit is not filed within the period provided, the matter will be taken up without such supplementary affidavit and appropriate orders will be passed.

Let this matter appear on 6th May, 2025 as 'For Orders'. Re : GA/2/2025 The petitioners are directed to deposit the deficit court fees by 2nd May, 2025, failing which the application shall be treated to have been filed only by the petitioner no.1.

The petitioners are granted leave to use a supplementary affidavit to bring on record the documents to demonstrate that they were asked by their employer to contribute to the trust fund, the dissolution of which is sought for and that they had contributed to the same. Unless these documents are being shown to Court, it is not possible to even prima facie ascertain that the applicants who intend to be added as party respondents in the matter have any right of audience to object to the disposal of the trust fund as prayed for by the plaintiffs and are necessary and proper parties to the suit. Such supplementary affidavit should be filed by 2nd May, 2025, with an advance copy to the plaintiffs by 2nd May, 2025.

It is made clear that in the event supplementary affidavit is not filed within the period provided, the matter will be taken up without such supplementary affidavit and appropriate orders will be passed. 3

Let this matter appear on 6th May, 2025 as 'For Orders'. Re : GA/3/2025 The petitioners are directed to deposit the deficit court fees by 2nd May, 2025, failing which the application shall be treated to have been filed only by the petitioner no.1.

The petitioners are granted leave to use a supplementary affidavit to bring on record the documents to demonstrate that they were asked by their employer to contribute to the trust fund, the dissolution of which is sought for and that they had contributed to the same. Unless these documents are being shown to Court, it is not possible to even prima facie ascertain that the applicants who intend to be added as party respondents in the matter have any right of audience to object to the disposal of the trust fund as prayed for by the plaintiffs and are necessary and proper parties to the suit. Such supplementary affidavit should be filed by 2nd May, 2025, with an advance copy to the plaintiffs by 2nd May, 2025.

It is made clear that in the event supplementary affidavit is not filed within the period provided, the matter will be taken up without such supplementary affidavit and appropriate orders will be passed.

Let this matter appear on 6th May, 2025 as 'For Orders'.

(ARINDAM MUKHERJEE, J.) pa