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Calcutta High CourtPLA/232/2016disposed

In The Goods Of: Santi Lata Ghosh, Deceased v.

2018-05-03Hon'Ble Justice Soumen Sen2 pages

IA NO. GA/4/2021 In PLA/232/2016

IN THE HIGH COURT AT CALCUTTA

TESTAMENTARY & INTESTATE JURISDICTION ORIGINAL SIDE

IN THE GOODS OF:

SANTI LATA GHOSH, DECEASED Before:

The Hon'ble Justice DEBANGSU BASAK Date: 26th March, 2021 Appearance:

Mr. Munshi Mijanur Rahaman, Adv The Court: The applicant seeks condonation of delay in filing inventory and statement of accounts.

The application was taken up for consideration on two earlier dates when the learned Advocate for the applicant was requested to produce the affirmed inventory and statement of accounts. The contention of the learned Advocate for the applicant is that, the Department is not accepting filing.

Obviously, since the inventory and statement of accounts are beyond time the Department is not accepting the filing of the same. However, that does not prevent the applicant in affirming the inventory and the statement of accounts. The applicant steadfastly refuses to have the inventory and statement of accounts affirmed before leave to file the same is granted.

Having the inventory and accounts affirmed prior to the applicant being granted leave to file the same is one way of ensuing that the same

is filed within the limit. It also allows the Court to peruse the affirmed documents to form an opinion as to whether the application for extension of time should be allowed or not.

In view of the conduct of the applicant it would be appropriate to put the applicant on terms.

The applicant shall pay costs assessed at Rs. 50,000 to the West Bengal State Legal Services Kolkata within seven days from date to have the inventory and statement of accounts affirmed. List this application on April 12, 2021.

(DEBANGSU BASAK, J.) SK.