Sree Sree Iswar Brojeswar Mahadeb Thakur Jew And ORS. v. Gmss Infracon

OD-2 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE IA NO. GA/2/2026 IN ACR/3/2024 (OLD No.ATA/4/2024) SREE SREE ISWAR BROJESWAR MAHADEB THAKUR JEW & ORS. Vs GMSS INFRACON

BEFORE:

The Hon'ble JUSTICE ARINDAM MUKHERJEE Date: 24th March, 2026 Mr. Chandrachur Biswas, Adv.

Mr. Niladri Khanra, Adv.

. . . for the petitioners.

Mr. Dipranjan Mukhopadhyay, Adv.

Mr. Souvik Ghosh, Adv.

. . . for the respondent.

The Court : The Court was not satisfied in the facts of the case to grant leave as prayed for by the petitioners in the application being ACR 3 of 2024 filed under Section 7 of the Charitable and Religious Trust Act, 1920 and dismissed the same yet this Court in a subsequent application filed in disposal of ACR 3 of 2024 had granted liberty to the parties to negotiate and if possible amend the terms and conditions on the basis whereof one of the

trust properties was sought to be developed in connection whereof leave was sought for.

It is submitted by the trustees being the petitioners in this application that they are not willing to change the payment mode and pattern.

In the aforesaid facts and circumstances, the instant application being GA 2 of 2026 stands dismissed.

It will be open to the developer to seek refund of the money he had deposited subject to the applicable provisions of the relevant law. (ARINDAM MUKHERJEE, J.) pa