KRISHNA CHANDRA CHATTERJEE Vs. HARICHARAN CHATTERJEE

JUDGEMENT

(1.) This is an application made by Prabir Kumar Gupta, inter alia, praying that the death of Krishna Chandra Chatterjee, the plaintiff Receiver be recorded. The petitioner has also prayed for ad-interim-order for appointment of new Receiver in place and stead of the said Krishna Chandra Chatterjee who was appointed Receiver by an order dated 16th March, 1983. The said Krishna Chandra Chatterjee was in possession of the properties and assets of the firm in the name of D. Albert & Co situated at and having its-business premises at No. 55A Mirza Galib Street, Calcutta 16, as receiver appointed in the above) matter. There is no dispute that the said Krishna Chandra Chatterjee, was in possession of the said business premises of D Albert & Co. in his capacity as the Receiver appointed by this Court pursuant to order dated 16th March, 1983, until his death on 2nd July, 1994

(2.) The Originating summons was taken out by Krishna Chandra Chatterjee as plaintiff on 27th Jan., 1983. From the pleadings made in the originating summons itself, it appears that Krishna Chandra Chatterjee had 35% share in the said business under the name of D. Albert & Co. Haricharan Chatterjee the original defendant had 25% share in the said business and Desmond Arthur Albert since deceased had 40% share in the said business The said Desmond Arthur Albert died on 16th Nov., 1979. The partnership deed as pleaded in the originating summons had a clause therein as follows :

(3.) The petitioner Prabir Kumar Gupta is claiming to be the legal representative of said D. A. Albert deceased. In fact he had obtained an order for grant of probate in his favour on contest. The order for grant of probate to said P. K. Gupta has been challenged in appeal and is at present the subject matter of an appeal. By an order dated 15th Feb., 1991 passed in the said appeal from the order granting probate the Appellate Court, inter alia, ordered that during the pendency of the said appeal or until further orders the executor named in the will in whose favour the probate has been granted will function not as executor but as Administrator pendente lite in accordance with the law. Under the circumstances, Prabir Kumar Gupta is since 15th Feb., 1991 acting as an Administrator pendente lite of the estate of the said deceased Desmond Arthur Albert. The said Prabir Kumar Gupta is also claiming that the share of the said deceased Albert has devolved upon him as a nominee of the said D. A. Albert. By and under his will dated 30th April, 1979, the said deceased D. A. Albert gave, devided and bequeathed to the said Prabir Kumar Gupta, all his right, title and interest including the Good-will and share of profits in the partnership business in the name & style of D. A. Albert & Co. absolutely. The said will was probated as already -stated above and the order for grant of probate is now under challenge in the Appeal as aforesaid.