IN THE MATTER OF NIRMAL KUMAR SADHUKHAN AND ORS v. NA
ATA/6/2024 · 2025-07-15
Arindam Mukherjee
body2025
DailyLaw.ai
[ 2025 DAILYLAW 57744 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57744 (CAL) · dailylaw.ai ]
Judgment text
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OD-2
ORDER SHEET
ATA 6 of 2024 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE
IN THE MATTER OF :
NIRMAL KUMAR SADHUKHAN & ORS.
BEFORE:
The Hon’ble JUSTICE ARINDAM MUKHERJEE Date: 15th July, 2025
Mr. Debmalya Ghosal, Mr. Arnab Dutt, Ms. Samhita Mukherjee, Mr. Chandrachur Biswas, Advocates for the applicants. Mr. Sakabda Roy, Mr. Sourath Dutt, Mr. Indra Prasad Mullick, Advocates for the purchaser. The Court : The premises nos.1, 2, 3, 4, 5 and 10 situate at Sib De Lane also known as Shib De Lane, P. S. New Market, Kolkata – 700 087 were sold for a total consideration of Rs.3.51 crores in favour of M/s. AKS Treasury Management LLP pursuant to an order passed by this Court on 12th December, 2024 in an application filed by the trustees seeking permission of this Court to sell the said property belonging to the debattor estate. The entire consideration money has been kept in interest bearing fixed deposit accounts maintained with UCO Bank and Axis Bank. It appears that a sum of Rs.1,25,00,000/- has been deposited with UCO Bank, S. N. Banerjee Road Branch and a sum of Rs.2,26,00,000/- has been deposited with Axis Bank, Air Port Branch. The petitioners pray for withdrawal of yearly sum for carrying out the daily nitya seva puja, Durga
2 puja, Dolpurnima, Rash Purnima, Janmashtami and Saraswati puja. The petitioners also seek withdrawal of certain money on account of annual maintenance and painting of the thakur dalan and the allied portions where the nitya seva puja and periodic festivals take place. The petitioners have also sought for withdrawal on account of charges for daily cleaning, sweeper, maids etc. and electricity charges. On account of daily nitya seva puja an yearly sum of Rs.48,000/- has been assessed while for Durga puja Rs.1,20,000/-, for Dolpurnima, Rash Purnima, Janmashtami and Saraswati puja Rs.20,000/- each, towards annual maintenance and painting a sum of Rs.20,000/- has been assessed. Towards yearly cleaning, sweeper and maids charges of Rs.500/- per month, aggregating to Rs.6000/- per year and on account of electricity charges Rs.6000/- per year has been sought for. The aggregate figure on all the heads come to Rs.2,80,000/-. A computation regarding annual expenses duly signed by the trustees has been placed before the Court and is taken on record. After considering the submissions made by the trustees, an annual sum of Rs.2,80,000/- and a further buffer of Rs.20,000/- to meet the emergency and exigencies are permitted to be withdrawn from the interest quantum of the fixed deposits.
It is made clear that the withdrawal shall take place for the nitya seva at the rate of Rs.4000/- per month at the beginning of each month along with Rs.500/- on account of cleaning, maids expenses and Rs.500/- on account of electricity charges per month. So far as withdrawal on account of Saraswati puja, the same shall be made few days prior to the puja. Similarly the withdrawal shall take place few days prior to the Dolpurnima, Rash Purnima and Janmashtami for the
3 amendments allowed. The withdrawal on account of Durga puja shall take place in phase was manner from the middle of June of each year and shall be spread over till the end of the festival. The buffer sum of Rs.20,000/- shall be withdrawn on or before the Kali puja. The balance amount of the interest along with the principal sum after withdrawal of Rs.3,00,000/- in each year as directed hereinabove, shall be reinvested in fixed deposits. The Court expects that the fixed deposits shall be in one or more nationalised banks instead of being invested in any private bank. Nothing further remains to be adjudicated in this application. The application being ATA 6 of 2024 is, accordingly, disposed of. (ARINDAM MUKHERJEE, J.)
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