The bench held that Debottar properties cannot be subject of partition. Directed Trial Court to expunge them from plaint after receiving fresh application. Also directed Receiver to submit accounts within four weeks.
Trial Court directed to expunge Debottar properties from plaint; Receiver directed to submit accounts within four weeks.
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33 14.9.2023 Ct. 236 SB
C.O. 4358 of 2019 CAN 1 of 2020
In the Matter of : Shyamal Kumar Pal
Mr. Meghnad Dutta
Mr. Arindam Paul Mr. Abhishek Shaw … for the petitioner
Mr. Surya Prasad Chatterjee … for the O.P.
2
(Siddhartha Roy Chowdhury, J.)
3 issues framed by the court
Whether Debottar properties can be brought for partition in the suit.
Whether the relief can be granted without the leave of the Trial Court where property is with a Receiver.
Whether the Receiver is obligated to submit accounts and within what timeframe.
Shyamal Kumar Pal
Opposite Party
Siddhartha Roy Chowdhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
