Trustees Of Balmer Lawrie And Co. ... vs Balmer Lawrie And Co. Ltd. Ex ...
2021 Latest Caselaw 122 Cal/2

                                 ORDER SHEET

                               IA NO.GA/1/2020
                           (OLD NO. GA/260/2020)
                                       IN
                                 APOT/4/2020
                      IN THE HIGH COURT AT CALCUTTA
                          Civil Appellate Jurisdiction
                                ORIGINAL SIDE

           TRUSTEES OF BALMER LAWRIE AND CO. LTD. & ORS.
                               Versus
       BALMER LAWRIE AND CO. LTD. EX OFFICERS FORUM AND ORS.


  BEFORE:
  The Hon'ble JUSTICE ARINDAM SINHA
                And
  The Hon'ble JUSTICE SUVRA GHOSH
  Date : 8th February, 2021
                                                                            Appearance:
                                                               Mr.Jishnu Saha, Sr. Adv.
                                                               Mr.Kushagra Shah, Adv.
                                                           Mr. Sourajit Dasgupta, Adv.
                                                           Mr. Aniket Chaudhury, Adv.
                                                                      for the appellants
                                                           Mr. Soumya Majumder, Adv.
                                                          Mr. Puspal Chakraborty, Adv.
                                                             Mr. Victor Chatterjee, Adv.
                                                           for respondent nos. 1 and 2

The Court : Respondent-writ petitioners have challenged deed of variation

dated 15th December, 2003 made between the company and the trustees in

relation to the principal deed dated 20th March, 1999. By impugned judgment

dated 5th November, 2019 there was direction to not give effect to decision of

respondent no.3 in the writ petition as made or appearing from the deed of

variation. Further direction was to release arrear amounts of all voluntary retired

employees, whose interest have been effected by the deed of variation.

It appears, by the deed of variation there was exercise of power vested in the

trustees under clause 4 of the principal deed read with the rules, to propose

substituted rules on deletion of existing rules. The deed of variation says the

company had consented to the amendment and the Commissioner of Income Tax,

having jurisdiction over the fund, had also given approval.

We require the principal deed and existing rules to enable us to pass

judgment in the appeal, which will be heard on papers disclosed in the stay

application as consented to by the parties. They in consultation will hand up on

adjourned date, the principal deed and existing rules.

By consent list on 22nd February, 2021.

(ARINDAM SINHA, J.)

(SUVRA GHOSH, J.) sb.