Calcutta High Court
Sunil Kumar Saha Chowdhury vs Pankaj Kumar Saha Chowdhury & Ors on 19 August, 2009
Author: Patherya
Bench: Patherya
GA No. 2219 of 2009
EOS No. 14 of 2005
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
SUNIL KUMAR SAHA CHOWDHURY
Versus
PANKAJ KUMAR SAHA CHOWDHURY & ORS.
For Petitioner : Mr.Abhrajit Mitra with Mr.Jishnu Chowdhury
For Shebaits : Mr.Arindam Mukherjee
BEFORE:
The Hon'ble JUSTICE PATHERYA
Date : 19th August, 2009.
The Court : By consent of parties G.A.No.2219 of 2009 is treated as on the day's list.
This is an application for reimbursement of sums spent out of the sale proceeds realized from sale of premises no.1A, Nayan Sur Lane, Calcutta - 700 005. The applicant herein is the shebait of the trust estate and due to paucity of funds spent moneys out of his own funds for continuing with deb seva and the intention of the settlor. One of the assets of the trust estate has been sold pursuant to orders of Court and sums are lying with the Special Officer. It is from such sum that the shebaits seek reimbursement of sums spent.
Accordingly, the Special Officer is directed to reimburse the sum of Rs.1,50,000/- out of the sale proceeds to the shebaits on account of sums spent for deb seva. For such purposes the Special Officer will be at liberty to encash the fixed deposit and upon payment the balance sum of Rs.7,66,493/- be reinvested in any nationalized bank jointly in the names of the shebaits. Upon disbursement of the aforementioned sum the Special Officer shall 2 stand discharged and a statement of accounts, however, be filed by the Special Officer within a week from the date of disbursement of sums.
With the aforesaid direction this application is disposed of.
As no affidavit-in-opposition has been filed, the allegation contained in the application is not admitted.
Special Officer and all parties to act on a xerox signed copy of this order on the usual undertakings.
( PATHERYA, J.) pa