Dr Nanigopal Ray v. Dhuruba Gupta And ORS

S/L 204 26.4.2023 Court No.652 SD RVW 232 of 2022 With CAN 2 of 2022 In CO 1481 of 2021 Dr. Nanigopal Ray Vs.

Mrs. Dhruba Gupta & Ors.

Mr. Uday Narayan Betal Mr. Partha Sarathi Mondal ... for the Petitioner.

Mr. Srijib Chakraborty Mr. Aditya Mondal ... for the Opposite Parties.

This review application has been assailed against the order dated 15.9.2022 passed in CO 1481 of 2021. By the said order, this court was pleased to direct that "the Committee of the Punnyo Brajo Dham Welfare Association, Kamarpukur will operate existing bank account and the FDR of the Association subject to the condition that they will submit clear detailed accounts of income and expenditure before the trial court quarterly beginning from the month of October, 2022 and except maintenance expenditure whenever the committee will be in need to incur other expenditure from common fund including encashment of fixed deposits they will place it for approval before the extraordinary general meeting following memorandum of articles. This arrangement will continue till disposal of the suit or till trial court deems it fit to change, rescind and/or modify the order, which ever will be earlier."

Learned counsel appearing on behalf of the petitioner submits that Executive Committee has been constituted in a general meeting dated July 27, 2019 and the next election is going to take place shortly which has become due. It is further submitted, on June 20, 2020 it has been noticed by the plaintiff of that suit from the notice board of the society that a list of present executive committee comprising of different person and posts of office bearers have been given without having any date of such notice. Accordingly, petitioner submits that it is not understandable to them as to which committee is empowered to act in terms of said order dated 15.9.2022.

Learned counsel appearing on behalf of the opposite parties submits that the review application does not carry any sense because the order specifically refers about the constituted committee of Punnyo Brajo Dham Welfare Association, Kamarpukur and as such, review application is liable to be dismissed.

Having considered the submissions made by the parties, review application being RVW 232 of 2022 is hereby disposed of with the clarification that the committee referred in order dated 15.9.2022 at the bottom of page 4 of the order is to be interpreted as committee constituted as per rules of Punnyo Brajo Dham Welfare Association, Kamarpukur. Connected application, if any, accordingly disposed of.

(Ajoy Kumar Mukherjee, J.)