Judgment:
The Court : The original plaintiff had claimed that she had lent and advanced a certain sum of money to the first defendant. Upon the original plaintiff demanding repayment, the defendants asserted that the money was being held in trust for the benefit of the two sons of the original plaintiff.
The original plaintiff claimed that there was no deed of trust executed and since the amount was admitted, the first defendant was obliged to return the same together with interest. The original plaintiff has died and is survived by her two sons Dilip Kumar Nemani and Anup Kumar Nemani both of Anandkanan Building, 10A, Alipore Park Place, Kolkata-700 027. The younger son, Dilip, claims that the original plaintiff executed a Will under which Dilip is the executor and the beneficiary. It is submitted on behalf of the defendants that the Will may not be genuine and Anup may have an equal share in the payment due from the first defendant to the original plaintiff.
The stand taken by the defendants is that the alleged Will has not yet been probated and the money should not be made over to Dilip. The defendants have offered to deposit the entire amount of Rs.32 lakh (inclusive of all interest upto date) with such person as may be directed by Court and for the money to be handed over to the person or persons entitled thereto subject to the succession issue being resolved. Mr. Padam Khaitan and Mr. Paritosh Sinha, Advocates, are appointed Joint Receivers without any remuneration to hold the money to be made over by the defendants.
The parties are agreed that the amount would be made over to the beneficiary of the Will in the event probate thereof is granted or to the two sons of the original plaintiff in equal share if the probate proceedings fail. In view of the fair offer made on behalf of the defendants, the contempt proceedings, CC 169 of 2010, are dropped.
The Joint Receivers will invest the amount of Rs.32 lakh within a fortnight from date by way of fixed deposit in any bank of their choice pending the decision in the probate proceedings. Since the application for grant of probate has not been made yet, if no application in such regard is filed within four weeks from date, the Joint Receivers will make over the money held by them in equal share to the two sons of the original plaintiff.
Both Anup Kumar Nemani and Dilip Kumar Nemani will be substituted as joint plaintiffs in place and stead of the original plaintiff who has died on September 7, 2010. GA 3200 of 2010 and GA 3183 of 2010 stand disposed of.
There will be no order as to costs.
Urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.