Pratik Barua & Ors vs Sm. Bina Barua & Ors on 4 June, 2014

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Calcutta High Court

Pratik Barua & Ors vs Sm. Bina Barua & Ors on 4 June, 2014

Bench: I. P. Mukerji

                                ORDER SHEET
                              GA No.3670 of 2010
                                      With
                              CS No.993 of 1960
                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE


                              PRATIK BARUA & ORS.
                                     Versus
                             SM. BINA BARUA & ORS.


  BEFORE:
  The Hon'ble JUSTICE I. P. MUKERJI
  Date : 4th June, 2014.

                                                                  Appearance:
                                       Mr. Purna Chandra Paul Chowdhury, Adv.
                                              Mr. Deep Narayan Mukherjee, Adv.

                                                    Mr. Santanu Mukhjerjee, Adv.
                                                     Mr. Tarun Kanti Ghosh, Adv.

                                                     Mr. Saurav Chaudhuri, Adv.



     The Court: The appearing parties have approached this Court for sale of the

items mentioned in paragraph 8 of the application in terms of the order dated

22nd December, 2010 of Sanjib Banerjee, J. and the order dated 16th November,

2011 passed by this Court.

     The items proposed to be sold are the following:

     1.

One silver gilded betel pot;

2. One gold medal;

3. (a) One full coin (East India Co.);

(b) One half coin (East India Co. 1849);

(d) Two quarter coins (Farshi);

4. One Gold Coin (Kanishka Period);

5. Gold Farshi with Navaratna fittings (silver kalka and silver plated comprising of seven pieces and weighing 1530 gms. 24 ct. gold). The items include one gold coin of the Kanishka period and two half coins belonging to the time of the East India Company. One of the items (Gold Farshi 2 with Navaratna fittings) is said to belong to the age of the emperor Jahangir. Mr. Paul Chowdhury states me that it is a gold Hookah with silver plating weighing more than one and half kilos.

Before passing any order for sale, I direct the Receiver to call a meeting of the parties and take a decision in their presence after consulting the Indian Museum (Numismatic Department) and/or the Archaeological Survey of India as to whether these items can be sold.

Although the order of Sanjib Banerjee, J. dated 22nd December, 2010 directed sale of these articles, I do not think that his lordship was made aware of the fact that certain antique items, belonging to a particular age may not be freely sold in the market or if it could be freely sold it could be sold only with the permission of the Government of India. It has to be ascertained whether these items fall in that category or whether any or some of the articles fall in that category.

The Receiver is directed to make a full enquiry with the assistance of the parties and file a report in this Court by 18th July, 2014.

List this application for further consideration on 21st July, 2014. Certified photocopy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

                                                    (I.    P. MUKERJI, J.)


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Calcutta High Court