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2016 Supreme(Cal) 1060

I.P.MUKERJI
Renu Agarwal – Appellant
Versus
Sushila Devi Agarwal – Respondent


Advocates Appeared:
For the Petitioners:Mr. M.S. Tiwari and Mr. R.K. Tiwari, Advocates.
For the Defendant :Mr. S.P. Sarkar, Sr. Adv., Mr. Subhadeep Sen and Mr. Bimalendu Das, Advocates.

JUDGMENT :

I.P. Mukerji, J.

This contempt application arises out of an order passed in an interim application in a suit.

2. The suit was instituted in this court by the alleged trustees of the Charitable Trust, "Maharshi Menhi Charitable Trust", registered as a charity under the Income Tax Act, 1961. They question, the appointment of the defendants as trustees and for appointment of a suitable person or persons as trustees. They also ask for a scheme to be framed by this Court to carry out the purposes of the trust.

3. This suit was instituted in the year 2013. In aid in the suit an interim application was taken out by the plaintiffs asking for an order restraining the defendants from dealing with or disposing of the trust properties. On this application, on 10th May, 2013, this Court passed an order recording an assurance on behalf of the defendants, made by their counsel that the property in Agarpara where the registered office of the trust was situated would not be dealt with or disposed of by the defendants. Furthermore, its nature and character would not be changed. This court specifically recorded that in view of this assurance no interim order was called for.

4. The present appli

























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