Piyush Goenka v. Rani Goenka

OD 10 ORDER SHEET ATA/6/2021

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE PIYUSH GOENKA

Versus

RANI GOENKA

BEFORE:

The Hon'ble JUSTICE SHEKHAR B. SARAF Date: 6th December, 2021.

(Via Video Conference) Appearance:

Mr. Rupak Ghosh, Adv.

Mr. Ashis Kumar Mukherjee, Adv.

...for the petitioner Mr. Sourajit Dasgupta, Adv.

...for the respondent The Court: This is an application made for appointment of a new trustee on the infirmity of the present trustee. Mr. Rupak Ghosh, counsel appearing on behalf of the petitioner submits that the affairs of the said Panna Devi Goenka Trust had been administered and managed by Uma Shankar Goenka for his entire lifetime as executor and trustee. Upon the death of Uma Shankar Goenka, his wife Rani Goenka is to become the trustee. However, due to old age and infirmities, she is unable to discharge her function as a trustee. The above submission is concurred by the counsel appearing on behalf of Rani Goenka.

In light of the above, the petitioner who is the son of Uma Shankar Goenka and Rani Goenka is appointed as trustee of the said Panna Devi Goenka Trust in terms of Section 73 of the Indian Trust Act, 1882. Accordingly, ATA/6/2021 is disposed of.

(SHEKHAR B. SARAF, J.) B.Pal