Mukesh Jalan Vs Manglesh Jalan and Anr. — Calcutta HC (2026) — LawSathi Research

Mukesh Jalan Vs Manglesh Jalan and Anr. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appointment of Miss Iti Datta as Receiver to administer and manage the Trust (without being treated as a Trustee), in concurrence/consultation with the two existing Trustees, with monthly remuneration of Rs.30,000/- payable out of the Trust fund; the suit and pending applications disposed of by consent.

Issue for consideration

Whether the Originating Summons Suit should be stayed (GA 1 of 2022) in view of a pending civil suit on the same subject matter, and how the deadlock between the two Trustees over administration and management of the Trust is to be resolved. +1 more

Court's answer

By consent of both Learned Counsels, the deadlock in management of the Trust between the two Trustees is to be resolved by appointing a Receiver to administer and manage the Trust in concurrence and/or consultation with the two existing Trustees; in case of differences of opinion or disputes, the Receiver shall take the necessary decision subject to approval of this Court.

Ratio / Principle

The Receiver is clarified not to be treated as a Trustee but is appointed to aid the Trustees in administering and managing the Trust.

Key takeaways

Miss Iti Datta, a Member of the Incorporated Law Society, is appointed as Receiver with remuneration of Rs.30,000/- per month payable out of the Trust fund, and the instant suit along with the pending applications stands disposed of.ratio¶15

Detailed headnote1 paragraphs

Originating Summons Suit (CSOS/3/2022, High Court at Calcutta, Original Side) concerning administration and management of 'Subarnarekha Agricultural Estates', a Trust created by Bhuri Devi Jalan by Trust deed dated 23/12/1960, between two brother-Trustees (Plaintiff Mukesh Jalan and Defendant Manglesh Jalan). GA 1 of 2022, filed by one of the Trustees, sought stay of the suit on the ground that a civil suit touching the same subject matter was pending. At the hearing, both Learned Counsels agreed that the deadlock between the two Trustees could be resolved by an appropriate order of the Court. Accordingly, by consent, Miss Iti Datta, a Member of the Incorporated Law Society, was appointed as Receiver to administer and manage the Trust in concurrence and/or consultation with the two existing Trustees; in case of differences, the Receiver's decision would be subject to the Court's approval. It was clarified that the Receiver is not a Trustee but aids the Trustees. Remuneration fixed at Rs.30,000/- per month out of the Trust fund. The suit and pending applications were disposed of. (Sugato Majumdar, J.)

OD – 34

ORDER SHEET

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

CSOS/3/2022 IA NO: GA/1/2022

MUKESH JALAN

VS

MANGLESH JALAN AND ANR

BEFORE:

THE HON’BLE JUSTICE SUGATO MAJUMDAR Date: 6^th May, 2026

Appearance: Mr. Sayan Ganguly, Adv. Ms. Meghna Dhar, Adv. ...for the Plaintiff

Mr. R. Ghosh, Adv. Mr. Ashis Kr. Mukherjee, Adv. Ms. Sulagna Mukherjee, Adv. Mr. Sourabh Prasad, Adv. ...for the Defendants

The Court: A Trust was created by Bhuri Devi Jalan, named as Subarnarekha Agricultural Estates, in terms of the Trust deed dated 23/12/1960. The instant originating summons suit has been filed, praying for passing necessary direction in respect of administration and management of the Trust and determination of the framed questions.

GA 1 of 2022 is an application filed by one of the Trustees, praying for stay of the Originating Summons Suit in view of the fact that one civil suit is pending touching the same subject matter.

The two brothers are belligerent herein on administration and management of the Trust. These two brothers are the Trustees. At the time of hearing, GA 1 of 2022, both the Learned Counsels agreed that deadlock in management of the trust in view of disputes and differences between the two trustees can be resolved by appropriate order of this Court. As agreed by both the Counsels, a Receiver should be appointed to administer and manage the Trust. The Receiver shall administer and manage the Trust in concurrence and/or consultation with the two existing Trustees; in case of differences of opinion or disputes, the Receiver shall take necessary decision subject to approval of this Court. So long as the trustees mutually agree and concur with the Receiver, aid of this court should not be resorted to, except in case of unavoidable exigencies. The existing Trustees concur and agree to any decision, the Receiver need not resort to this Court unless necessary. It is clarified that the Receiver shall not be treated as a Trustee but is appointed to aid administer and manage the Trust to the Trustees.

Miss. Iti Datta, a Member of Incorporated Law society (Mob-9830151391) be appointed as the Receiver. She will be paid remuneration out of Trust fund a sum of Rs.30,000/- per month. As agreed the instant suit along with the pending applications stands disposed of.

(SUGATO MAJUMDAR, J.)

A.Das (P.A.)