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Calcutta High Court

Prataprai Vrajilal Jogi & Ors vs The Administrator General Of Wb on 9 January, 2017

Author: Soumen Sen

Bench: Soumen Sen

                                    ORDER SHEET
                                   ACR No.2 of 2016
                           IN THE HIGH COURT AT CALCUTTA
                                    ORIGINAL SIDE


                           RE: SHRI JETHA DHANJI TRUST
                                       AND
                          PRATAPRAI VRAJILAL JOGI & ORS.
                                      VERSUS
                        THE ADMINISTRATOR GENERAL OF WB



  BEFORE:
  The Hon'ble JUSTICE SOUMEN SEN

Date : 9th January, 2017.

Appearance:

Mr. Moloy Ghose Sr., Adv.
Mr. Indranil Nandi, Adv.
Mr. Sayak Konar, Adv.
The Court: The earlier attempts by the certain persons claiming to be the trustees of the plaintiff no.1 having failed, this time a different set of persons claiming to be the heirs of the persons who made the application under Chapter 13 of the High Court, Original Side Rules and which had suffered a dismissal on 27th August, 1997 filed an application for certain reliefs which are now being opposed by the Administrator General on the ground that this persons have failed to establish that they are the heirs of the original and/or surviving trustees. In absence of any documents to show a chain of events and continuation of the persons as trustees including their appointments in terms of the Will creating the trust this application is likely to have the same fate as the earlier application.
Mr. Moloy Ghose the learned Senior Counsel submits, at this stage, that leave may be given to the present applicants to file a supplementary affidavit showing 2 continuity of the office of trusteeship and the documents appointing the present applicants as well as their predecessors as trustees.
The time to file supplementary affidavit is extended by 31st January, 2017; reply thereto, if any, within two weeks thereafter. The matter shall appear under the heading "Motion Adjourned" on 27th February, 2017.
(SOUMEN SEN, J.) sp/