Calcutta High Court
Biswanath Chowdhury (Deceased) vs Unknown on 22 November, 2016
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
OD 99
GA 3214 of 2016
PLA 76 of 2015
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
IN THE GOODS OF BISWANATH CHOWDHURY (DECEASED)
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 22nd November, 2016.
Mr. Rajsekhar Mantha,Sr. Advocate appears.
Ms. Gopa Chakraborty,Advocate appears.
Mr. Mahendra Prasad Gupta,Advocate appears.
Mr. Ayan Mitra,Advocate appears.
Ms. Parnali Kamila,Advocate appears.
The Court : - The application is in aid of a petition for Letters of Administration with a copy Will and the prayer herein is for the executor to produce the original Will.
The executor named in the Will, Ram Vinay Chowdhury, caused the original Will dated March 5, 1980 in Bengali language to be produced in Court on a previous occasion, whereupon by an order of November 10, 2016, such Will was directed to be deposited with the Registrar-in-Insolvency. Advocate for Ram 2 Vinay Chowdhury confirms that the original Will dated March 5, 1980 has been deposited with the Registrar-in-Insolvency.
Since the original Will has surfaced, the present application has worked itself out. However, there will be an order of injunction restraining both the petitioner in PLA No. 76 of 2015 and the other two sons of the deceased, including Ram Vinay Chowdhury, from dealing with or disposing of or alienating any part of the estate of the deceased without the previous leave of this Court.
The department should now take steps to ensure that special citations are served on the possible intestate heirs of the deceased, including on the executor who did not take steps to obtain probate of the Will.
GA 3214 of 2016 is disposed of without any order as to costs. It is recorded that Ram Vinay Chowdhury has disputed the extent of the estate as indicated in the schedule of affidavits appended to PLA 76 of 2015.
(SANJIB BANERJEE, J.) S.Chandra