In Thye Goods Of : Chander Datt Aggarwal (Dec) v.

OD 11 ORDER SHEET IA GA 1 of 2021 PLA 187 of 2016

IN THE HIGH COURT AT CALCUTTA

TESTAMENTARY AND INTESTATE JURISDICTION ORIGINAL SIDE

IN THE GOODS OF :

CHANDER DATT AGGARWAL (DEC)

BEFORE:

The Hon'ble JUSTICE DEBANGSU BASAK Date: 14th January, 2021.

(Via Video Conference) Mr. Nilay Sengupta, Mr. Sourav Mondal, Advs.

...appears The Court: By this application, one of the legatees of the Will of the deceased is seeking removal of the administrator pendente lite appointed in the probate proceedings. Learned advocate appearing for the applicant submits that, the administrator pendente lite obtained a fixed deposit in excess of Rs. 1.85 crores in his personal account and is not distributing the proceeds thereof to the legatees and beneficiaries in accordance with the letters of administration. Despite service, none appears for the administrator pendente lite. It appears that the advocate-on-record for the administrator pendente lite was served. Moreover, the administrator pendente lite was also served. In the facts of the present case, it would be appropriate to restrain the administrator pendente lite from dealing with or transferring the sum of Rs. 1,85,63,944.83 or any part or portion thereof in favour of any other person save and except to the beneficiaries and legatees under the Will in respect of which letters of administration was granted.

List the application on January 27, 2021 under the same heading. The applicant will serve copy of this order on the administrator pendente lite and file an affidavit of service to such effect on the next date. (DEBANGSU BASAK, J.) TR/