Full Judgment
GA No.176 of 2012 GA No.2502 of 2012 CS No.321 of 2011 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION Suresh Kumar Banani & ORS.Versus Ramgopal Banani & ORS.Before: The Hon’ble Justice I.P.MUKERJ.Date:
17. h December 2012 Appearance: Mr.S.N.
Mitra, Sr.Advocate Mr.D.Basak, Advocate Mr.J.Gharai, Advocate for the plaintiffs Mr.Abhrajit Mitra, Advocate for defendant No.1 Mr.Jishnu Choudhury, Advocate for defendant.
No.25 It is submitted on behalf of Mr.Santosh Benani, the defendant No.25 that he is entirely dependent on the rental income for survival and for that he is in need of some funds to make payments for some medical expenses.
It further appears that some more time is needed for compliance with the order dated 6th December 2012.
I direct the parties and the Receiver to forthwith comply with this order.
Furthermore, I direct the Receiver to make payment of Rs.30,000/- out of the funds collected to the defendant No.25, without prejudice to the rights and contentions of the other parties.
It is made clear that if it is found subsequently that there was no ground as taken above, for receiving the money, the defendant No.25 would be obliged to refund this amount to the Receiver.
The the Receiver rental may occupation appropriate charges 300 collected Gms by per month him as from his remuneration.
The Receiver will also be entitled to appoint a clerk at a remuneration of Rs.500 per month.
The clerk’s remuneration will also come out of the funds collected as above.
The Receiver shall file his report by 18th January 2013.
Affidavits-in-opposition in both the applications be filed by 17th January 2013.
List these applications on 30th January 2013.
Affidavits-in-reply may be filed in the meantime.
Receiver and all parties are to act on a signed photocopy of this order on the usual undertakings.
(I.P.MUKERJI, J.) R.
Bose AR(CR)