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2022 DAILYLAW 1735 (CAL)

MUKESH JALAN v. MANGLESH JALAN AND ANR

CSOS/3/2022 · 2026-05-06

Sugato Majumdar

body2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

OD – 34 ORDER SHEET IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE CSOS/3/2022 IA NO: GA/1/2022 MUKESH JALAN VS MANGLESH JALAN AND ANR BEFORE: THE HON’BLE JUSTICE SUGATO MAJUMDAR Date: 6th May, 2026 Appearance: Mr. Sayan Ganguly, Adv. Ms. Meghna Dhar, Adv. ...for the Plaintiff Mr. R. Ghosh, Adv. Mr. Ashis Kr. Mukherjee, Adv. Ms. Sulagna Mukherjee, Adv. Mr. Sourabh Prasad, Adv. ...for the Defendants The Court: A Trust was created by Bhuri Devi Jalan, named as Subarnarekha Agricultural Estates, in terms of the Trust deed dated 23/12/1960. The instant originating summons suit has been filed, praying for passing necessary direction in respect of administration and management of the Trust and determination of the framed questions. GA 1 of 2022 is an application filed by one of the Trustees, praying for stay of the Originating Summons Suit in view of the fact that one civil suit is pending touching the same subject matter. The two brothers are belligerent herein on administration and management of the Trust. These two brothers are the Trustees. At the time of hearing, GA 1 of 2022, both the Learned Counsels agreed that deadlock in management of the trust in view of disputes and differences between the two trustees can be resolved by appropriate order of this Court. As agreed by both the Counsels, a Receiver should be appointed to administer and manage the Trust. The Receiver shall administer and manage the Trust in concurrence and/or consultation with the two existing Trustees; in case of differences of opinion or disputes, the Receiver shall take necessary decision subject to approval of this Court. So long as the trustees mutually agree and concur with the Receiver, aid of this court should not be resorted to, except in case of unavoidable exigencies. The existing Trustees concur and agree to any decision, the Receiver need not resort to this Court unless necessary. It is clarified that the Receiver shall not be treated as a Trustee but is appointed to aid administer and manage the Trust to the Trustees. Miss. Iti Datta, a Member of Incorporated Law society (Mob-9830151391) be appointed as the Receiver. She will be paid remuneration out of Trust fund a sum of Rs.30,000/- per month. As agreed the instant suit along with the pending applications stands disposed of. (SUGATO MAJUMDAR, J.) A.Das (P.A.)