Susan Reuben And ANR. v. The Official Trustee Of West Bengal And ORS.

OD-7 ORDER SHEET AOT/2/2019 IA No.GA/1/2019 (Old No./2611/2019), GA/2/2022

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE SUSAN REUBEN AND ANR.

VS THE OFFICIAL TRUSTEE OF WEST BENGAL AND ORS.

BEFORE:

The Hon'ble JUSTICE KRISHNA RAO Date : August 2, 2023.

Appearance Mr. Rudraman Bhattacharya, Adv.

Ms. Mini Agarwal, Adv.

... for the petitioner Mr. Indranil Nandi, Adv.

Mr. Sayak Konar, Adv.

... for the respondent no.1 Mr. Shaunak Mitra, Adv.

Mr. Kaushik Mandal, Adv.

... for the added respondent (Indian Metals & Ferro Alloys Ltd.) The Court : Counsel for the respective parties are present. The Special Trustee appointed by this Court is also present. In terms of the order dated 19th April, 2023, the parties have executed a fresh lease deed on 26th April, 2023 by surrendering the earlier lease deed executed on 24th September, 1962 and entering into a supplementary agreement to joint development agreement dated 11th March, 2019. The counsel for the respective parties submit that as the parties have entered into a fresh lease deed by revoking the earlier lease deed and

supplementary development agreement, there is nothing remains in AOT/2/2019. In view of the execution of the aforementioned documents, the prayers made in the present application are redundant. Mr. Bhattacharya, learned counsel appearing for the petitioner submits that there are certain observations made by this Court by an order dated 23rd September, 2023 against the erstwhile official trustee. The said observations should remain in the record. This Court is not considering for review / recall of any order passed by this court in this proceeding on earlier occasion.

In view of the above, the observations made in the order dated 23rd September, 2019 shall remain on record.

In view of the above, AOT/2/2019 is disposed of. The copies of the revocation deed, fresh lease deed and supplementary development agreement be kept with the record. All the connected applications, if any, pending be treated as disposed of in view of disposal of AOT/2/2019.

(KRISHNA RAO, J.) RS