Calcutta High Court
Sri Biswajit Dutt vs The Administrator General Of West ... on 28 June, 2016
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
OD-58
ATA No.6 of 2015
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
SRI BISWAJIT DUTT
Versus
THE ADMINISTRATOR GENERAL OF WEST BENGAL
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 28th June, 2016.
Appearance:
Mr. Indranil Nandi, Adv.
..for Official Trustee Mr. S. Bose, Ädv.
Ms. Sonia Nandy, Adv.
The Court : Pursuant to the order dated June 7, 2016, it has been widely circulated among the heirs of Sagar Dutt that Gopal Chandra Dutt may be inducted as the third shebait.
It is necessary to induct the third shebait since Pradip Dutt has died. According to the latest affidavit filed by the Administrator-General, and as confirmed by the petitioner, notices were prominently put up in the Thakur Bari at Chinsurah bringing it to the notice of all concerned that Gopal Chandra Dutt was likely to be appointed as the third shebait. Persons interested to oppose such appointment were also called upon to be represented in Court.2
The Administrator-General has also written individual letters to all the known heirs of the Dutt family who may have been entitled to be shebaits. Several objections have been received by the Administrator-General and copies of such objections have been appended to his latest affidavit. It does not appear that there is any objection to the appointment of Gopal Chandra Dutt per se except that there is a general allegation that the affairs of the trust have always been mismanaged and the trust properties have been treated as the personal properties by the shebaits.
However, no one has stepped into the Court to substantiate the allegations or furnish any particulars against the present private shebait.
Accordingly, ATA No.6 of 2015 is disposed of by appointing Gopal Chandra Dutt of 29/5B, Phears Lane, Kolkata 700 073 as the third shebait in respect of the trust created by the last Will of Sagar Dutt. Other heirs of the Dutt family entitled to assume office as shebait will have liberty to apply in accordance with law for the removal of any shebait of the trust, if deemed necessary.
There will be no order as to costs.
Urgent certified website copies of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(SANJIB BANERJEE, J.) bp.