Calcutta High Court
Abhishek Agarwalla vs Rajendra Kumar Banka & Anr on 5 September, 2019
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
OD-13 to 16
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
APO No.192 of 2018
GA No.1700 of 2018
GA No.1702 of 2018
GA No. 1682 of 2019
In
ACR No.1 of 2002
RE : RAI SURAJMAL BAHADUR CHARITABLE TRUST
-AND-
ABHISHEK AGARWALLA
Versus
RAJENDRA KUMAR BANKA & ANR.
AND
APO No.193 of 2018
GA No.1703 of 2018
GA No.1704 of 2018
In
CS No.43 of 2016
ABHISHEK AGARWALLA & ORS.
VERSUS
RAJENDRA KUMAR BANKA & ORS.
AND
GA No.3113 of 2018
In
APO No.160 of 2018
CS No.43 of 2016
MALATI TULSHAN
VERSUS
ABHISHEK AGARWALLA & ORS.
AND
GA No.3114 of 2018
In
APO No.161 of 2018
ACR No.1 of 2002
MALATI TULSHAN
VERSUS
RAJENDRA KUMAR BANKA & ORS.
2
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
The Hon'ble JUSTICE SUVRA GHOSH Date : September 5, 2019.
Appearance:
Mr. Hirak Mitra, Sr. Adv.
Mr. Rivu Dutta, Adv.
..for Supervisory Trustee Mr. Reetobrata Mitra, Adv.
Mr. S. Sen, Adv.
..for Mahesh Tulshan Mr. R. N. Deb, Sr. Adv.
Mr. S. N. Chakraborty, Adv.
Ms. Kalyani Bhattacharya, Adv.
Ms. P. Mondal, Adv.
..for Malati Tulshan Mr. S. R. Kakrania, Adv.
Mr. Sanjeeb Seni, Adv.
Mr. Tanuk Kakrania, Adv.
Mr. Aviroop Mitra, Adv.
..for Abhishek Agarwalla Mr. Suman Dutt, Adv.
Mr. Saurabh Maitra, Adv.
Mr. Swarnendu Ghosh, Adv.
Mr. Nirmalya Dasgupta, Adv.
Mr. Dibanath Dey, Adv.
..for Interim Trustee Mr. Sunrit Deb, Adv.
Mr. S. Chakraborty, Adv.
Mr. Debraj Bhattacharya, Adv.
Ms. Kalyani Bhattacharya, Adv.
The Court: Pursuant to the orders passed over the last few months, the accounts of the trust have now been audited and though some of the appearing parties 3 refer to some anomalies and all the properties of the trust not being included in the auditor's report, there is an audit which has, at least, been carried out.
It is submitted on behalf of almost all the appearing parties who have recently attended meetings before the supervising trustee that Mr. Dipak Basu, Sr. Advocate does not wish to continue as the supervising trustee due to his failing health.
On the basis of the parties' submission, Mr. Basu is relieved and Mr. Suman Dutt, Advocate is appointed as the supervising trustee. Though Mr. Dutt is appearing for one of the fringe parties here, the Court has the confidence in Mr. Dutt to take over the responsibility as the supervising trustee.
The appearing parties report that sufficient funds are available for the supervising trustee to travel to Gaya, Chirawa in Rajasthan and other places where the trust properties are situated and inspect the same before taking a decision on how the properties ought to be preserved and the activities of the trust ought to be carried forward.
One of the appearing parties has referred to construction work having been illegally commenced at the Gaya property.
It is hoped that the incoming supervising trustee will be able to spare time during the puja vacation to visit the Gaya, Chirawa and other properties and, in consultation with the appearing parties, suggest a scheme under which the trust can function for the purpose of carrying out the objectives of the trust, which appear to be lost at the moment.
The outgoing supervising trustee will be entitled to remuneration till the month of August, 2019 and the incoming supervising trustee will function at the same remuneration with effect from September, 2019. The incoming supervising trustee will take necessary steps for the operation of the bank accounts of the trust with the help of the appearing parties.4
In the event, the supervising trustee perceives any construction to have commenced illegally or any trespasser or unauthorised person squatting on any property of the trust, necessary legal action may be taken and complaints to the police authorities may be made by the supervising trustee under authority of this order.
The copies of the audited accounts will be made over to the supervising trustee. It will be open to any person interested to obtain copies of such accounts on the usual terms.
The matter will appear a fortnight after the puja vacation.
(SANJIB BANERJEE, J.) (SUVRA GHOSH, J.) bp.