Calcutta High Court
Jayshree Wadhawa vs Kalishankar Radhey Shyam Trust And Ors on 1 August, 2025
OD-5
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
CSOS/4/2025
JAYSHREE WADHAWA
VS
KALISHANKAR RADHEY SHYAM TRUST AND ORS
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date: August 01, 2025.
Appearance :
Mr. Rupak Ghosh, Adv.
Mr. DwaipayanBasuMullick, Adv.
Ms. NilanjanaAdhya, Adv.
Ms. TanuiLuhariwala, Adv.
Mr. Kailash Dhanuka, Adv.
Ms. RuchikaDhanuka, Adv.
For plaintiff
1.
Mr. Rupak Ghosh, learned Counsel, is appearing for the plaintiff.
2. The plaintiff has filed the present originating summons suit seeking an
opinion from this Court as appearing in paragraph 16 of the present
suit. Out of which one of the opinion "whether an order to restrain the
said companies from transferring and/or alienating and/or dealing
and/or selling and/or encumbering and/or parting with any of its
assets, jewelleries and/or money kept in the savings bank account and
fixed deposits till the disposal of the originating summons suit can be
passed?"
3. Mr. Rupak Ghosh appearing for the plaintiff submits that the plaintiff is
the widow of one DilipWadhwa, who was the son of one of the brothers
of DamodardasJerambhaiWadhwa, who died on 29 th July, 2022. The
plaintiff has already filed an application being GA/1/2024 in PLA
No.471 of 2022 praying for recalling/revoking of the grant passed by
this Court in respect of the Will dated 11th February, 2020 and the said
application was pending for adjudication.
4. Mr. Ghosh submits that the majority shareholding in Wadhwa
Endowment Management Private Limited and Jerambhai Management
services Private Limited was held by Damodardas Jerambhai Wadhwa
holding 98.975% shareholding. The Damodardas Jerambhai Wadhwa
was also one of the directors out of the two companies. After the death
of Damodardas Jerambhai Wadhwa and the grant of letter of
administration in favour of Anusuya Pujara, the shareholding has been
transferred in the name of Anusuya Pujara. After the death of
Damodardas Jerambhai Wadhwa, son of Anusuya Pujara being Nirmal
Pujara was appointed as one of the directors of the said company and
after grant of letter of administration in favour of Anusuya Pujara, wife
of Nirmal Pujara being the Pinky Nirmal Pujara has been appointed as
director of the said companies.
5. Mr. Ghosh submits that now the plaintiff came to know that a deed of
appointment has been made on 14 th of December, 2010, wherein two of
the companies have been made as trustees of the defendant no.1 trust.
6. Mr. Ghosh submits that the company cannot be made as trustees of the
trust. He has relied upon the judgment in the case of State Bank of
India Vs Mohuragang & Gulam Tea Estate & anr. reported in 1988
SCC OnLine Cal 124 wherein, the Hon'ble Single Bench has granted
the interim order in the originating summons suit, which was duly
confirmed by the Hon'ble Division Bench.
7. Mr. Ghosh also relied upon unreported judgment passed by this Court
in the case of Shekhar Guha and Anr vs. Shyamali Basu & Ors.,
wherein in the said case also this Court has passed an interim order
restraining the defendants from operating of the account of the trust.
8. Considering the submissions made by the counsel for the plaintiff and
perused the materials on record and the judgment relied by the
plaintiff.
9. This Court finds that two of the companies have been made as trustees
of the defendant no.1 trust. The plaintiff apprehends that the said
companies will alienate the property and an application is pending for
revocation of the Will. In the present suit the plaintiff seeks answer and
opinion from this Court.
10. Considering the above, the plaintiff has made out a prima facie case
and the balance of convenience and inconvenience in favour of the
plaintiff. Accordingly, the defendants are restrained from transferring,
alienating, dealing, selling, encumbering or parting with any of the
assets including the amounts lying in the bank accounts and the fixed
deposits till 22nd August, 2025.
11. Plaintiff is directed to issue notice upon the defendants immediately and
to file affidavit of service on the returnable date.
(KRISHNA RAO, J.)
S.De
