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Calcutta High CourtPLA/81/2021disposed

In The Goods Of Monica Ray Also Known As Manika Ray (Dec.) v. Na

2022-07-08Hon'Ble Justice Ravi Krishan Kapur2 pages

OD-1 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Testamentary and Intestate Jurisdiction ORIGINAL SIDE PLA/81/2021 IA NO: GA/2/2022

IN THE GOODS OF MONICA RAY ALSO KNOWN AS MANIKA RAY (DEC.)

BEFORE:

The Hon'ble JUSTICE KRISHNA RAO Date: 26TH September, 2022.

Appearance:

Mr. Rishad Medora, Adv.

Mr. Dipendra Nath Chunder, Adv.

...For the Petitioner The Court: Counsel for the petitioner is present and filed affidavit of justification of two sureties, namely, Bideesha Ahuja and Prithwijit Ray wherein being the sureties they have submitted the original fixed deposit valued at Rs.34,62,952.00 (Rupees Thirty Four Lakhs Sixty Two Thousand Nine Hundred And Fifty Two) only, in State Bank of India, Sushant Lok-1, Gurgaoan B-05, Unitech Trade Centre, Sushant Lok, Gurgaon, Haryana-122002, having Account No.39053119132dated 7th January, 2022 and Rs.50,000.00(Rupees Fifty Thousand) only, in Bank of India, Bhowanipore Branch, 96B, Ashutosh Mukherjee Road, Kolkata -700025, having Account No.400245110010882 dated 16th August, 2022.

Two sureties have given an undertaking that they will not encash the said fixed deposit and the same will be renewed from time to time till they have been discharged from the liability of the sureties from the instant case.

The sureties have also submitted that the said fixed deposit are free from all encumbrances and attachments and further undertaking that they will not create any encumbrances on the said fixed deposit. In view of the undertaking submitted by the sureties the Department is directed to accept the same.

Let the original affidavit of justification be kept with the record. (KRISHNA RAO, J.) S.De