Full Judgment
ORDER
SHEET CSOS No.1 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE OM PRAKASH MOHTA & ORS.Versus RAJ KUMAR DAGA & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :
4. h May, 2012.
Mr.Jishnu Saha, Mr.Sakya Sen, Mr.Asish Mukherjee, Adversus …for the plaintiffs Mr.Gautam Chakraborty(Jr.).Ms.Soma Bera, Adversus …for the defendants The Court : All questions regarding the maintainability of the Chapter XIII suit, by way of an originating summons, are kept open.
Mr.Saha prays for some urgent reliefs.
Mr.Harish Tandon as His Lordship was before his appointment as a Judge was receiver over the trust property under various orders of this Court in FMA 49.of 2006 connected with W.P.4076 (W) of 2010.
His duties were (1) to collect rent from the tenants of the trust property; (2) to defray the expenses of the trust; and (3) to operate the bank account of the trust.
At the time of elevation of Mr.Harish Tandon to the Bench, by an order of this Court dated 9th April, 2010 he was discharged.
It is true that there is some delay by the plaintiffs in applying before this Court for replacement of the receiver.
Furthermore, the replacement is sought in a different proceeding, by way of an originating summons.
The maintainability of this proceeding is challenged by the defendants as noted above.
But in my view the trust is a public charitable trust.
Its income has to be collected, its expenses met, the property preserved and so on.
Therefore some interim measures are necessary.
Without prejudice to the rights and contentions of the parties and as a temporary measure, I appoint the advocate-on-record for the plaintiff, Mr.Sandip Agarwal and the advocate-on-record for the defendant, Ms.Soma Bera to act as joint receivers on the same terms and conditions as Mr.Harish Tandon was acting till further orders of this Court.
The joint receivers may appoint an agent on such terms as they think fit for collection of rent.
The remuneration of the agent may be fixed by them and paid out of the trust fund.
The joint receivers are to file a report by the adjourned date.
Affidavit-in-opposition be filed by 18th May, 2012.
List this Originating Summons on 15th June, 2012.
Affidavit in reply may be filed in the meantime.
Affidavits are invited for consideration of interim reliefs only.
All parties concerned are to act on a signed photocopy of this order on the usual undertakings.
(I.P.MUKERJI, J.) TR/