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Judgment
Ananya Bandyopadhyay, J.:-
The present application has been preferred by Abhijit Das, seeking recording of the deaths of the Joint Receivers, appointment of the petitioner as Receiver in their place, and authority to administer the properties and assets of Sri Sri Sridhar Jew, defendant no.1, including operation of the deity’s bank account.
The matter arises out of age old debutter arrangement. The deity was founded by Chunilal Das, since deceased ,who created the endowment for seva, puja and maintenance of the deity. A decree dated 25th November, 1964 regulated the pala of worship among the founder’s four family branches and provided for continuation of Receivership until proper administration could be ensured.
Pursuant thereto, Joint Receivers were appointed by order dated 7th September, 1982, and their successors were appointed from time to time by orders dated 30th August, 1988, 27th November, 1998, 9th June, 2005 and 5th January, 2012, continuing the arrangement on the same terms as the decree.
The Receivership has now been disrupted by successive deaths: Prabir Kumar Das (13th May, 2017), Prodyut Kumar Das (30th April, 2024), and Sandip Das (10th July, 2025), the last of whom was the surviving Joint Receiver. This has created an administrative vacuum in respect of the deity’s estate and bank account. The Court is satisfied that there exists just and reasonable cause for immediate intervention, as the cessation of the Receivership is not due to any lapse of the Court’s arrangement but due to unavoidable deaths, thereby frustrating the very purpose of the decree and necessitating continuity in administration.
The petitioner, son of the late Prodyut Kumar Das, belongs to one of the branches recognised under the decree and has been associated with the deity’s affairs and rituals. No adverse claim has been placed before the Court.
Order XL Rule 1 of the Code of Civil Procedure empowers appointment of a Receiver where just and convenient, and Rule 3 governs his duties. The present case concerns continuation of an existing Receivership created under the decree and maintained for decades, now rendered inoperative due to deaths. The Court’s inherent power under Section 151 of the Code of Civil Procedure is also attracted to preserve the arrangement.
In the circumstances, continuation of Receivership through the petitioner is necessary to preserve the estate and ensure uninterrupted administration, including operation of the deity’s bank account with Indian Bank, Bowbazar Branch, Kolkata.
The application is accordingly allowed with the following directions:
The deaths of Prabir Kumar Das, Prodyut Kumar Das and Sandip Das are recorded.
Abhijit Das is appointed Receiver of the properties and estate of Sri Sri Sridhar Jew, defendant no.1, on the same terms as the decree dated 25th November, 1964 and subsequent orders.
The Receiver shall manage, protect and administer the estate subject to supervision of this Court under Order XL of the Code of Civil Procedure.
He is authorised to operate the deity’s bank account with Indian Bank, Bowbazar Branch, Kolkata.
The pala of worship of the deceased Joint Receivers shall be performed by the petitioner in terms of the decree.
The Receiver shall have all incidental powers necessary for proper administration consistent with the decree and prior orders.
He shall maintain proper accounts and submit them as directed, in terms of Order XL Rule 3 of the Code of Civil Procedure.
This order shall not affect any independent rights beyond the decree.
Security, if required, shall be furnished as directed by the Registrar.
Costs shall come from the deity’s estate.
All concerned shall act in aid of the Receiver to ensure uninterrupted administration and seva of the deity.
The application is accordingly allowed and disposed of.