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2024 Supreme(Cal) 147
IN THE HIGH COURT AT CALCUTTA
SUGATO MAJUMDAR, J.
Samir Kumar Nag And Others – Respondents
Versus
Sankha Nath Daw And Others – Respondent
CS/887/1965, IA NO: GA/12/2023 WITH CS/1044/1965
Decided on : 19-03-2024
Advocate Appeared:
For the Appellant : Mr. Debabrata Mukherjee, Ms. Shomrita Das, Adv.
For the Respondent: Mr. Sarosij Dasgupta, Mr. Bimalendu Das, Mr. K. K. Boral, Mr. Kaushik Mondal, Mr. Sarosij Dasgupta, Mr. Bimalendu Das, Mr. Debabrata Mukherjee, Adv., Ms. Shomrita Das, Mr. K. K. Boral, Mr. Kaushik Mondal, Adv.
IMPORTANT POINT
The court's decision was influenced by the final report of the Receiver and Commissioner of Partition, which determined the distribution of sale proceeds and the disposal of the suit properties.
Headnote:
Receiver & Commissioner of Partition - Disposal of Suit Properties - The court ordered the disposal of suit properties in accordance with the final report of the Receiver and Commissioner of Partition, including the distribution of sale proceeds among the parties.
Fact of the Case:
The suit properties were sold and the sale proceeds were kept in a separate bank account, to be distributed among the parties according to their proportionate shares by the Receiver and Commissioner of Partition.
Finding of the Court:
The court ordered the disposal of the suits in accordance with the final report of the Receiver and Commissioner of Partition, and directed the closure of the bank account holding the sale proceeds.
Issues: Disposal of suit properties, distribution of sale proceeds, and discharge of the Receiver cum Commissioner for Partition.
Ratio Decidendi: The court relied on the final report of the Receiver and Commissioner of Partition to make its decision regarding the disposal of the suit properties and the distribution of sale proceeds.
Final Decision: The court ordered the disposal of the suits in accordance with the final report of the Receiver and Commissioner of Partition, and directed the closure of the bank account holding the sale proceeds.
JUDGMENT :
Sugato Majumdar, J.:
CS 887 of 1965 and CS 1044 of 1965 are taken up together for passing analogous order. Both the aforesaid suits were consolidated vide preliminary decree dated 8th July, 1975.
2. The suit properties involved were premises no. 12, Raja Raj Ballav Street, Kolkata – 700003; 70A, Beniatola Street, Koklata – 700005 and shop rooms in premises no. 148, Old China Bazar Street, Kolkata -700001 and 149, Old China Bazar Street, Kolkata – 700001. Receiver & Commissioner of Partition was appointed after passing of preliminary decree by Co-ordinate Bench. The properties were sold pursuant to the order of this Court passed by a Co-ordinate Bench. Sale proceeds were kept in a separate bank account and were distributed among the parties according to their proportionate shares by the Receiver and Commissioner of Partition after defraying expenses and liabilities. This was done in terms of agreement of the parties in a meeting conducted by the Receiver and Commissioner of Partition. Minutes of the meeting is annexed to the Report.
3. The Receiver cum Commissioner of Partition filed the Final Report dated 26.02.2024 which may be taken into the record.
4. The Report shows that an amount of Rs.199.39p is there in the bank account. The Receiver cum Commissioner of Partition shall withdraw the amount and shall utilize the same in the manner as he may deem fit and proper. The Receiver cum Commissioner of Partition shall close the bank account and shall do all the acts, things and deeds necessary and incidental for and connected to his discharge, if to be done, and shall be discharged from his duty as Receiver cum Commissioner for Partition, accordingly.
5. Let both the suits be disposed of in terms of the final report of the Receiver and Commissioner of Partition dated 26.02.2024 which may be part of the decree.
6. Let CS 887 of 1965 and CS 1044 of 1965 be disposed of along with pending application, if any.
