IN THE HIGH COURT AT CALCUTTA (Ordinary Original Civil Jurisdiction)

ORIGINAL SIDE Present:

The Hon’ble Justice Krishna Rao GA No. 1 of 2019 (Old No. GA 1517 of 2019)

With GA No. 2 of 2019 (Old No. GA 1523 of 2019)

With GA No. 3 of 2019 (Old No. GA 1532 of 2019)

With GA No. 5 of 2020 (Old No. GA 828 of 2020)

With GA No. 6 of 2022 With GA No. 8 of 2023 With GA No. 9 of 2024 With GA No. 10 of 2024 With GA No. 11 of 2024 In CS No. 111 of 2019 Mr. Anil Rajkumar Mukerji & Ors.

Versus RT. REV. Paritosh Canning & Ors.

Mr. Jishnu Saha, Sr. Adv.

Ms. Brinda Sengupta Mr. Ishaan Saha Mr. Aishwarya Kumar Awasthi … for the plaintiffs.

Mr. S. Muralidhar, Sr. Adv.

Mr. Sankalp Narain Mr. Rohit Sthalekar Mr. Mourya Subramaniam Mr. M.P. Saini Mr. Paritosh Sinha Mr. B.P. Tiwari … for the defendant nos. 1 and 7. Mr. Suman Kumar Dutt, Sr. Adv.

Ms. Shrayashee Das Mr. Shounak Mukhopadhyay Mr. Rohan Kumar Thakur Mr. Tridibesh Dasgupta … for the defendant no. 2.

Mr. Sudip Deb, Sr. Adv.

Mr. Ritoban Sarkar Ms. Pooja Sah …. For the defendant nos. 5 & 6.

Mr. Ranjan Bachawat, Sr. Adv.

Mr. Sayan Roy Chowdhury Mr. Satyaki Mukherjee Ms. Rishika Goyel … for the defendant no. 8.

Mr. Ratnanko Banerji, Sr. Adv.

Mr. Dhirendra Nath Sharma, Sr. Adv.

Mr. Kanishk Kejriwal Mr. Ramendu Agarwal … for the Association of La Martiniere Alumni.

Hearing Concluded On : 09.01.2025 Judgment on : 27.02.2025 Krishna Rao, J.:

1. The plaintiffs have filed the suit praying for the following reliefs:

“(a) Declaration that the letters dated 19th June 2019 issued by the defendant Nos. 1 and 2 terminating the services of the plaintiffs are illegal, non est and void and a decree cancelling and/or setting aside the said letters and the termination of the plaintiffs;

(b) Declaration that the letter dated 17th June 2019 issued by the defendant Nos. 1 and 2 terminating the services of the defendant No. 8 is illegal, non est and void and a decree cancelling and/or setting aside the said letter and the termination of the defendant No. 8;

(c) Permanent injunction restraining defendant Nos. 1 to 7 and each of them and/or their men, servants and agents from acting in terms of and/or from giving effect to the said letters dated 19th June

2019 terminating the service of the plaintiffs;

(d) Permanent injunction restraining defendant Nos. 1 to 7 and each of them and/or their men, servants and agents from acting in terms of and/or from giving effect to the said letter dated 17th June 2019 terminating the services of the defendant No.

8;

(e) Decree directing the plaintiffs to act as and/or to carry on and to discharge duties as members of the Board of Governors of La Martiniere Schools, Calcutta;

(f) Decree directing the defendant No. 8 to discharge and carry out his duties as secretary of the La Martiniere Schools, Calcutta;

(g) Declaration that the letter of appointment of the defendant No. 7 dated 17th June 2019 appointing the defendant No. 7 as the secretary of La Martiniere Schools, Calcutta is illegal, null and void;

(h) Declaration that the appointment of the defendant Nos. 3 to 6 on 21st June 2019 as members of the Board of Governors of La Martiniere Schools, Calcutta is illegal, null and void;

(i) Permanent injunction restraining the defendant No. 7 from representing and/or holding himself out to be the secretary of La Martiniere Schools, Kolkata or from seeking to discharge any duty as secretary of the said schools;

(j) Permanent injunction restraining the defendant No. 3 to 6 from representing and/or holding themselves out to be members of the Board of Governors of La Martiniere Schools, Calcutta or from seeking to discharge any duty as members of the Board of Governors of Schools, Calcutta; La Martiniere (k) A scheme be framed for the management and administration of the La Martiniere Schools, Calcutta by modifying the decree dated 22nd October, 1832 read with the order dated 6th June

1944;

(1) Receiver;

(m) Injunction;

(n) Attachment;

(0) Costs;

(p) Further and other reliefs.”

2. The plaintiffs have also filed an application bei