Calcutta High Court
Suraj Narayan Daga (Deceased) vs Unknown on 15 April, 2024
ORDER SHEET
OD-29
IN THE HIGH COURT AT CALCUTTA
TESTAMENTARY AND INTESTATE JURISDICTION
PLA No. 177 of 1996
IA No. GA/15/2019 (Old No. GA/2608/2019)
IN THE GOODS OF:
SURAJ NARAYAN DAGA (DECEASED)
BEFORE:
The Hon'ble JUSTICE APURBA SINHA RAY
Date: 15th April, 2024.
Appearance:
Mr. Dipankar Dhar, Adv.
Mr. Rudra Dhar, Adv.
Mr. Shiv Sankar Das, Adv.
Mr. Subhasish Sengupta, Adv.
The Court:- Learned counsel appearing for the removed executor, Mr. Promoth Kumar Daga, has submitted that his client was unable to hand over the relevant documents since all the documents have been handed over to the concerned Investigating Officer (IO) of Phoolbagan P.S.Case No. 58 dated 27th April, 2018 under Section 420 of IPC.
Learned counsel has further submitted in view of the above the order of this Court could not be complied with.
Learned counsel of the removed executor has further handed over certified copy of the seizure list to this Court. 2
Learned counsel appearing for the petitioner has submitted that from the said seizure memo it is found that only the photocopies of the documents have been handed over and therefore the original documents are lying with the custody of removed executor.
I find merits in the submission of the learned counsel of the petitioner. The removed executor, Mr. Promoth Kumar Daga, is directed to hand over all the relevant documents to the administrator appointed by this Court Mr. Subhasish Sengupta within seven days from date.
List this matter on 22nd April, 2024.
The Income Tax Authority is directed not to take any personal action against the learned Administrator, Mr. Subhasish Sengupta, as it is apparent that what he has been performing as per direction of the Court as an administrator.
Mr. Subhasish Sengupta is to communicate this order to the concerned Income Tax Authority.
(APURBA SINHA RAY, J.) snn.