Disposed

Susan Reuben and Anr. v. the Official Trustee of West Bengal

Calcutta HC25 Sept 2023AOT/1/2023

Case brief

AI extract

What is this about?

In Original Side Application AOT 1 of 2023, the Calcutta High Court directed the Official Trustee of West Bengal to calculate and repay dues to P.S. Group Realty Pvt. Ltd. following a completed lease execution by the Bathwals. The residual amount vesting in Holy Church of Nazareth and Church of St. John at Chinsurah shall be invested in a fixed deposit or government securities yielding the highest

What did the court decide?

Direction to Official Trustee to repay dues to P.S. Group Realty and invest the residual share in the churches in highest-yielding fixed deposits/securities, providing details to parties.

Susan Reuben and Anr. Vs the Official Trustee of West… — Company and Corporate | Calcutta HC (2023)

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OD-4

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IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE

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AOT 1 OF 2023 IN THE MATTER OF: SUSAN REUBEN AND ANR.

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THE OFFICIAL TRUSTEE OF WEST BENGAL

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BEFORE:

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The Hon'ble JUSTICE ARINDAM MUKHERJEE Date : 25^th September, 2023.

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Appearance: Mr. Ranjan Bachawat, Sr. Adv. Mr. Rudraman Bhattacharyya, Adv. Mr. Sushovit Dutt Majumder, Adv. Ms. Pubali Sinha Chowdhury, Adv. for petitioners Mr. Indranil Nandi, Adv. Mr. Sayak Koner, Adv. For respondent no.1 Mr. Jishnu Saha, Sr. Adv. Mr. Soumyajit Mishra,Adv. For P.S. Group Realty Pvt. Ltd. Mr. Krishnaraj Thaker,Adv. Mr. Kaushik Mandal, Adv. Mr. Satadeep Bhattacharyya, Adv. For Nirmal Kr. Bathwal, Poonam Bathwal and Soham Bathwal

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The Court : The lease in favour of Mr. Nirmal Kumar Bathwal, Ms. Poonam Bathwal and Mr. Soham Bathwal has been executed and registered on 16^th September, 2023. The entire consideration for which the Bathwals obtained the lease has also been paid.

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Since the Official Trustee of West Bengal has received the full consideration

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from the Bathwals and is holding on to the same, the Official Trustee of West Bengal is directed to calculate the amount payable to P.S. Group Realty Pvt. Ltd. and the money that will be lying with the Official Trustee of West Bengal. The residual amount after making repayment to the P.S. Group Realty Pvt. Ltd. shall be the share of the Holy Church of Nazareth at Calcutta and the Church of St. John at Chinsurah.

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The said residual sum shall be invested by the Official Trustee of West Bengal in a fixed deposit with a nationalised bank or any government securities earning the highest rate of interest to be decided by the Official Trustee of West Bengal pursuant to suggestions that may be given by the parties. The yearly interest shall be made over to Holy Church of Nazareth at Calcutta and the Church of St. John at Chinsurah on annual basis.

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The Official Trustee of West Bengal shall after making the fixed deposit or investment in the government security, as the case may be, shall provide the particulars and details thereof to the parties and/or their learned advocates so that the parties may approach the Court in case of any default or dereliction of the direction given in this order.

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AOT No.1 of 2023 is, accordingly, disposed of.

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Since I have not called for affidavits, allegations contained in the said application are deemed to have not been admitted by the other stake holders.

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(ARINDAM MUKHERJEE, J.)

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sb/

Susan Reuben and Anr. v. the Official Trustee of West Bengal

Case brief

What is this about?

What did the court decide?

Susan Reuben and Anr. v. the Official Trustee of West Bengal

Case brief

What is this about?

What did the court decide?

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