Calcutta High Court
Malay Chatterji And Ors vs Soumi Banerji And Ors on 3 September, 2024
Author: I. P. Mukerji
Bench: I. P. Mukerji
OD-4
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
ORIGINAL SIDE
APOT 290 of 2024
WITH
TS No. 15 of 2023
IA NO:GA /1/2024
MALAY CHATTERJI AND ORS.
VERSUS
SOUMI BANERJI AND ORS.
Before:
The Hon'ble Justice I. P. MUKERJI
And
The Hon'ble Justice PARTHA SARATHI SEN
Date: 3rd September, 2024
Appearance:
Mr. Jayanta Kumar Mitra, Sr. Adv.
Mr. Aniruddha Mitra, Adv.
Mr. R. L. Mitra, Adv.
Mrs. Priyanka Dhar, Adv.
... for the appellants
Mr. Surajit Nath Mitra, Sr. Adv.
Mr. Sayantan Bose, Adv.
Ms. Ranjabati Sen, Adv.
Ms. Sarda Hariharan, Adv.
... for the respondents
The Court:- Mr. Gauri Shankar Gupta is an attesting witness to the
alleged last Will and Testament dated 18th March, 2009 of Dr. Prasun
Kumar Banerji, since deceased.
The appellants, represented by Mr. Jayanta Kumar Mitra, learned
senior advocate, are the joint executors and propounders of the Will. The
respondents are the caveators in the probate proceedings.
Mr. Gupta was examined in chief on 16th August, 2023 and 22nd
August, 2023 before a learned Commissioner. On those two days the
respondents did not appear. The next sitting of the Commission was fixed
on 25th August, 2023. When the respondents did not appear even on that
day, the Commissioner closed the evidence. The respondents made an
application before the learned single judge to recall the witness for the
purpose of cross-examination. By the impugned judgment and order on 1st
August, 2024, the application was allowed by directing the witness to be
cross-examined.
The propounders have preferred this appeal.
We have heard learned counsel extensively. After taking into account
the very fair submission of both learned counsel, for early conclusion of the
trial and for the ends of justice we pass the following order:
We appoint Mr. Suranjan Dasgupta, Advocate, Bar Association, Room
No.9 (Mobile: 9831047504) as the Commissioner for the purpose of
recording the cross-examination of Gauri Shankar Gupta at his residence
or any other place designated by the Commissioner at Ahmedabad.
The Commissioner shall be paid a consolidated fees of 3000 GMs.
Costs and expenses of the Commissioner including transport, air travel and
hotel expenses shall be borne by the respondents.
All secretarial and logistic support to the Commissioner shall be
provided by the respondents.
The Assistant Registrar attached to this Court Mrs. Suchhanda
Ganguly, the Assistant Registrar (Court Recording) Mr. Ranabir Bose and
Mr. Nagendra Nath Mondal, Court Clerk shall accompany the
Commissioner and constitute the staff of the Commission. The costs and
expenses of the Officers accompanying the Commissioner including travel
by air, transport and hotel expenses shall also be borne by the
respondents.
The said Officers shall carry all the relevant records of the case
including the original Will with them, be entrusted with them throughout
the Commission and bring them back safely to the court.
If any question or answer is objected to, the Commissioner shall
record the objection only and not disallow any question or expunge any
answer.
The deposition duly certified by the Assistant Registrar (Court) and
the Assistant Registrar (Court Recording) shall be added to the court
records and deposited safely in this court.
Copies of the deposition may be furnished to the parties by the
Assistant Registrar (Court).
We direct the Commissioner to immediately convene and hold a
meeting with the parties and the Officers of the Court to fix the venue,
date/dates and time of the Commission.
Needless to mention, the Commission should be held on court
holidays.
The appeal (APOT 290 of 2024) and the application (IA No: GA 1 of
2024) are disposed of by modifying the impugned judgment and order dated
1st August 2024 to the above extent.
(I. P. MUKERJI, J.)
(PARTHA SARATHI SEN, J.)
cs/R.Bose
