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2025 DAILYLAW 21560 (CAL)

PRABIR ROY IN PLACE OF SUKTI SANYAL(SINCE DECEASED) v. AMIT KUMAR ROY AND ORS

FAT/241/2012 · 2025-07-16

Smita Das De, Soumen Sen

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Item- 11. sg 12-09-2025 Ct. 16 FAT 241 of 2012 CAN 11 of 2025 Prabir Roy in place of Sukti Sanyal (Since deceased) Vs. Amit Kumar Roy & Ors. Mr. Ajoy Krishna Chatterjee, Sr. Adv. Mrs. Shohini Chakraborty Mr. Arijit Sarkar …for the appellants Mr. Gopal Chandra Ghosh, Sr. Adv. Mr. Rajkrishna Mondal Ms. Sunandana Saha …for the respondents 1. On 16th July, 2025, we delivered the judgment but while describing the jurisdiction under which the appeal was heard it has been wrongly mentioned as “Constitutional Writ Jurisdiction” instead of “Civil Appellate Jurisdiction”. 2. Let this correction be incorporated in the judgment dated 16th July, 2025. Server copy of the said judgment shall be corrected accordingly. 3. The application for modification being CAN 11 of 2025 is taken up for consideration. It appears that in the observation of the judgment dated 16th July, 2025 under heading “Later”, we have directed the Joint Special Officers to hand over the records, documents and assets to the official trustee within a certain period. 4. However, having regard to the fact that since we did not grant probate, such records, documents and assets should be handed over to the persons entitled to be appointed as trustees under the Deed of Trust. 5. All the statutory dues, electricity bills and puja ex-gratia shall be released by the Joint Special Officers within a period of two weeks from date. 6. Time to hand over the records, documents and assets by the Joint Special Officers to the persons to be appointed under the trustee, should be completed within a period of eight weeks from date. 7. The Special Joint Officers should be informed about the constitution of the Trust Board and upon such intimation being received all the records, documents and assets should be handed over to them within the aforesaid period. 8. It is expected that the Trust Board should be constituted within a period of four weeks from date. 9. The Joint Special Officers shall file accounts within four weeks from date. 10. The Joint Special Officers shall be entitled to a remuneration of Rs.10,00,000/- each which shall come out of the funds presently lying with them. 11. With the above modification, application for modification being CAN 11 of 2025 is disposed of to the aforesaid extent. (Soumen Sen, J.) (Smita Das De, J.) 2