Dipanjan Bhattacharjee vs Rajoshree Mukherjee
2021 Latest Caselaw 520 Cal/2

OD-3


                     IN THE HIGH COURT AT CALCUTTA
                         Civil Appellate Jurisdiction
                               ORIGINAL SIDE


                               APOT/120/2021
                               WITH TS/15/2019

                               IA NO:GA/1/2021


        IN THE GOODS OF: BATUK NATH BHATTACHARJEE [DEC.]
                               AND
                    DIPANJAN BHATTACHARJEE
                               VS.
                     RAJOSHREE MUKHERJEE



  BEFORE:
  The Hon'ble JUSTICE I. P. MUKERJI

AND The Hon'ble JUSTICE ANIRUDDHA ROY Date : 23rd August, 2021.

[VIA VIDEO CONFERENCE]

Mr. Jishnu Saha, Sr. Adv., Mr. Debraj Dutta, Mr.S. Lahiri, Ms. Satabdi Dutta, Mr. Ganesh N. Jajodia, Advs...for appellant.

Mr. Sivaprasad Ghosh, Adv...for caveatrix.

The Court : The only part of the impugned judgment and order

dated 19th November, 2019 by which the appellant is aggrieved is the

observation of the learned judge that "it is further clarified that, this

order will not prevent the bank from proceeding against the estate of the

deceased".

The court was hearing an application for grant of Letters of

Administration with a copy of the Will annexed. It had jurisdiction to rule

on the validity of the Will.

The observation that the order would not prevent the bank from

proceeding against the estate of the deceased was an observation in

relation to a matter which is not connected to the proceeding at all.

This, according to Mr. Saha, is having a very serious repercussion in

the proceeding concerning the estate of the testator in the Debts

Recovery Tribunal.

As the point involved is very short, we have heard out the appeal

dispensing with all formalities. The said part or the order, namely, "it is

further clarified that, this order will not prevent the bank from

proceeding against the estate of the deceased" is expunged. The rest of

the order is affirmed.

The caveatrix shall take steps for early trial of the proceedings.

The appeal and the connected application are disposed of with the

above observations.

(I. P. MUKERJI, J.)

(ANIRUDDHA ROY, J. )

S.Das