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ASHIM KUMAR BANERJEE, RAJIV SHARMA
Pramila Saharia – Appellant
Versus
Mahesh Kumar Saharia – Respondent


Advocates Appeared:
For the Appellant :Amitesh Banerjee and Sunil Singhania, Advocates.
For the Respondent:Jayanta Kumar Mitra, Advocate General, Utpal Bose, Senior Advocate, Bilwadal Bhattacharya, Sakya Sen, Sudeshna Bagchi and Debasree Dutta, Advocates.

JUDGMENT :

Ashim Kumar Banerjee, J.

1. This appeal would relate to interpretation of a clause in the Deed of Trust.

2. Pramila Saharia is the daughter-in-law of Late Ram Gopal Saharia who executed a Deed of Trust in 1960. The relevant clauses that would come up for consideration are quoted below:-

"20. The continuing Trustees may act notwithstanding any vacancy in their body provided, however, that if the number of the Trustees shall fall below the minimum fixed in clause 23 hereof the Trustees shall not except for the purpose of filling any vacancy act so long as the number in below the said minimum.

23. The number of Trustees shall not be more than 7(seven) and less than (three). Two Trustees present at a meeting shall form a quorum for any meeting of the Trustees.

31. A person shall cease to be a Trustee in any of the following events:-

(A) If he dies, or

(B) If he without leave of absence does not attend any meeting of the Trustees for one calendar year, or absents for three meetings consecutively whichever is later or

(C) If he becomes bankrupt; or

(D) If he becomes insane or otherwise becomes incapable to act, or

(E) If he resign his office, or.

Provided, however, the disqualification me



































































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