In the Matter of - Sri Arjan Coomar Vs Na — Calcutta HC (2026) — LawSathi Research

In the Matter of - Sri Arjan Coomar Vs Na — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the selected developer possesses adequate financial credibility to develop the debuttar premises (plot of about 11 cottahs at premises No. 52/1, Durga Charan Doctor Road, Kolkata – 700014) belonging to the debuttar estate Sree Sree Iswar Gouri Sankar Jew. +1 more

Court's answer

Finding of fact: the developer's disclosed income was Rs.4,99,760 for assessment year 2023-24, Rs.8,47,470 for assessment year 2024-25 and Rs.9,71,125 for assessment year 2025-26 (printed as '202526').

Ratio / Principle

After considering the income-tax return and the development agreement dated 29th April, 2024, the Court does not repose any confidence in the developer's financial credibility to develop the premises for which leave is sought by the trustees.

Key takeaways

Permission sought to allow the trustees to enter into a development agreement with the selected developer is declined.ratio¶16
Application ACR/4/2023 made under Section 7 of the Charitable and Religious Trust Act, 1920 is dismissed, since allowing the trustees to enter into a development agreement with the selected developer would lead the debuttar property being thrown into uncertainty due to lack of finance and other credibilities of the selected developer.ratio¶19

Detailed headnote1 paragraphs

Charitable and Religious Trust Act, 1920 — S. 7 — Debuttar estate — Leave to trustees to enter into development agreement with selected developer — Developer's financial credibility tested through supplementary affidavit disclosing income-tax returns (AY 2023-24: Rs.4,99,760; AY 2024-25: Rs.8,47,470; AY 2025-26: Rs.9,71,125) and a subsisting development agreement dated 29th April, 2024 for another plot of over 10 cottahs, submitted to be on the verge of completion but not completed — Court not satisfied of the developer's solvency and declines to repose confidence in him — Permission to enter into the development agreement refused; application dismissed — Dismissal without prejudice: trustees free to seek similar permission on obtaining offers from more solvent developers. (Calcutta HC, Original Side, ACR/4/2023, Arindam Mukherjee J., 19th January, 2026)

O-3 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE

ACR/4/2023

IN THE MATTER OF:

SRI ARJAN COOMAR

BEFORE:

The Hon’ble JUSTICE ARINDAM MUKHERJEE Date: 19^th January, 2026

Appearance: Mr. Sarosij Dasgupta, Adv. Mrs. Farah Anjum, Adv. For petitioner Mr. Dyutiman Banerjee, Adv. For developer

The Court: The supplementary affidavit affirmed on 17^th

January, 2026 intended to filed in ACR/4/2023 due to inadvertence contains the number of GA/1/2025 which has stood disposed of on 7^th August, 2024. The said affidavit is taken on record after permitting the learned advocate to delete the application number from the same.

This supplementary affidavit is filed on behalf of the developer who intends to develop a plot of land measuring about 11 cottahs belonging to the debuttar estate Sree Sree Iswar Gouri

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Sankar Jew. The plot of land is situated at premises No. 52/1, Durga Charan Doctor Road, Kolkata – 700014.

The developer by way of such supplementary affidavit intends to demonstrate its financial credibility pursuant to orders of this Court.

On considering the supplementary affidavit, I find that the income of the developer for the assessment year 2023-24 is Rs.4,99,760 while that for the assessment years 2024-25 and 202526 are Rs.8,47,470 and Rs.9,71,125 respectively. It also appears that the developer in recent time has entered into a development agreement dated 29^th April, 2024 for developing a plot of land which is more than 10 cottahs. This project on an enquiry from the Court is submitted to be on the verge of completion but is not a completed project.

After considering the income-tax return and the agreement, I do not repose any confidence on the developer about his financial credibility in developing the premises for which leave is sought by the trustees. Since in this application permission was sought to allow the trustees to enter into a development agreement with the aforesaid developer after being selected for the same, I decline to grant such permission.

In the aforesaid facts and circumstances, this application being ACR/4/2023 made under Section 7 of the Charitable and

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Religious Trust Act, 1920 is dismissed as allowing the trustees to enter into a development agreement with the selected developer, who has affirmed the supplementary affidavit, will lead the debuttar property being thrown into uncertainty due to lack of finance and other credibilities of the selected developer.

The dismissal of this application will, however, not stand in the way of the trustees in seeking similar permission if they are able to get offers from more solvent developers.

(ARINDAM MUKHERJEE, J.)

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