Bejoya Debi vs Unknown
2024 Latest Caselaw 2064 Cal/2

Calcutta High Court

Bejoya Debi vs Unknown on 12 June, 2024

O-1
                                   ORDER SHEET
                                   PLA/129/2020
                        IN THE HIGH COURT AT CALCUTTA
                       Testamentary & Intestate Jurisdiction
                                 ORIGINAL SIDE


                               IN THE GOODS OF:
                            BEJOYA DEBI, DECEASED


BEFORE:
The Hon'ble JUSTICE KRISHNA RAO

Date : June 12, 2024.

Appearance Mr. Sarosij Dasgupta, Adv.

Mr. Samrat Mukherji, Adv.

Ms. Dakshayani Basu, Adv.

Mr. Rik Mukherji, Adv.

...For the Petitioner

The Court : Mr. Sarosij Dasgupta, learned Counsel, is appearing for

the petitioner.

By a judgment dated 4th May, 2023, this Court has allowed the

Letters of Administration subject to furnishing personal bond of

Rs.25,00,000/- with two sureties.

The learned Counsel for the petitioner submits that the petitioner is

able to procure one surety of Rs.1,00,000/- and the another surety, namely,

Tushar S Kamdar who is the proprietor of M/S. Sun Enterprise, has given

by way of fixed deposit amounting to Rs.25,00,000/- of HDFC Bank.

Counsel for the petitioner submits that it is difficult for the

department to accept the said sureties as in the fixed deposit receipt the

customer name has been recorded as M/S. Sun Enterprise and not the

name of the sureties, namely, Tushar S Kamdar. The sureties has affirmed

the affidavit wherein he has categorically mentioned that he is the proprietor

of M/S. Sun Enterprise.

Considering the submissions made by the Counsel for the petitioner

and perusing the affidavit and the fixed deposit receipt which the petitioner

intend to deposit as a sureties for obtaining Letters of Administration, there

would be no difficulty to accept the same as Tushar S Kamdar is the

proprietor of M/S. Sun Enterprise.

This order be read along with the judgment dated 4th May, 2023

which was subsequently corrected on 18th May, 2023.

(KRISHNA RAO, J.)

S.De