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Calcutta High Court

Suraj Narayn Daga vs Unknown on 22 April, 2024

OD-24
                      IN THE HIGH COURT AT CALCUTTA
               TESTAMENTARY AND INTESTATE JURISDICTION
                               ORIGINAL SIDE
                           PLA 177 OF 1996
              IA NO.GA/15/2019 (OLD NO. GA/2608/2019)
                          IN THE GOODS OF:
                   SURAJ NARAYN DAGA, DECEASED


BEFORE:
The Hon'ble JUSTICE APURBA SINHA RAY
Date : 22nd April, 2024
                                                             Appearance:
                                                    Mr. Rudra Dhar, Adv.
                                                            For petitioner
                                                    Mr. S.S.DAS, Adv. for
                                                              respondent

The Court : The learned counsel for the removed executor has submitted that all the original documents as per the earlier orders have already been handed over to the Investigating Officer (IO) of Phoolbagan P.S. Case No. 58 dated 27th April, 2018 under Section 420 of IPC.

The learned counsel of the removed executor has further pointed that in GA No. 1664 of 2018 the copies of relevant documents have been annexed and if the Court so direct he can hand over the copies thereof to the learned Administrator pendente lite.

The learned counsel for the decree holder has raised strong objection.

The learned counsel has submitted one certified copy of 2 seizure memo wherefrom it appears that Pradeep Kumar Daga the de facto complainant of the said criminal proceeding has handed over those documents. Therefore, there is no material on record as to support the contention of the learned counsel of the removed executor that Mr. Pramod Kumar Daga has handed over all the original documents to the concerned IO.

The removed executor Mr. Pramod Kumar Daga is directed to produce the memo of seizure list showing that he has handed over all the original documents to the concerned IO of the aforesaid Phoolbagan P.S. Case No. 58 dated 27th April, 2018 under Section 420 of IPC.

List the matter on 7th May, 2024.

(APURBA SINHA RAY, J.) sb/