Calcutta High Court (Appellete Side)
Banani Ghosh vs Subhasindu Das & Ors on 22 September, 2022
Author: Subhasis Dasgupta
Bench: Subhasis Dasgupta
22.09.2022 Item No.9 Ct. No.7 CHC C.O.2334 of 2022 Banani Ghosh Vs. Subhasindu Das & ors.
Mr. Aniruddha Chatterjee, Mr. Abir Lal Chakravorti ...for the petitioner Petitioner assails order dated 7th June, 2022, passed by learned Additional District Judge, 13 th Court, Alipore, South 24 Parganas, in Title Suit No.105 of 2012.
Admittedly, this is a suit instituted under the provisions of the Trust Act. A Special Officer was appointed in this case. Subsequently, some allegations were raised against the Special Officer, with a prayer for removal of Special Officer jointly by plaintiffs and defendants.
Mr. Chatterjee, learned advocate appearing for the petitioner submits that while removing the Special Officer, no opportunity of hearing was given to such Special Officer, and as such, the impugned order is not sustainable at the moment.
The order was passed on 7th June, 2022, with a direction to form ad hoc committee of 13 members, to run the affairs of the Sangha, upon removal of the Special Officer.
2The present status of the committee, if any change over in the management and affairs of Sangha, as ordered by the court below has taken place in the meantime, or not, be furnished on next Monday. In the meantime, service be effected upon the opposite parties and their learned advocate appearing in the court below and furnish affidavit-of-service. List the matter on next Monday (26.09.2022).
(Subhasis Dasgupta, J.)