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Judgment
Subrata Talukdar, J
The Court : This is an application filed by the learned Advocate Receiver. The learned Advocate Receiver was appointed by order of the Hon'ble Court dated 8th December, 2014 in ACR 2 of 2014, being an application under section 7 of the Charitable and Religious Trusts Act, 1920 (for short, the 1920 Act). The application, being ACR No.2 of 2014, is in connection with a
Trust property in which a Free School by the name of Gopeswar Dutt Free School is being run at Nos.57B and C, Barrackpore Trunk Road, Kolkata - 700 002 (for short, the said School).
The learned Receiver has been appointed to oversee the sale of land measuring around two bighas under the orders passed from time to time by the Hon'ble Court. The sale was finalised through open bidding in favour of one M/s. Jayanta Chowdhury and Associates (for short, the Intending Purchaser) by order dated 14th January, 2015. The history of the sale since then has been chequered.
For the purpose of this application being moved in Court today citing grounds of extreme urgency, it would suffice to notice that by order of the Hon'ble Court dated 14th February, 2020, the Learned Receiver was granted an outer time limit of six weeks to refund the consideration money so far deposited by the Intending Purchaser without invoking the forfeiture clause. Learned Receiver through his Learned Counsel points out that the time limit expired on 27th March, 2020 coinciding with the present subsisting general lockdown.
Accordingly, the learned Receiver prays for a direction upon the Bank namely, United Bank of India, High Court Branch (now, Punjab National Bank) to co-operate in releasing the Fixed Deposits under which the total consideration money paid by the Intending Purchaser presently stands deposited. Learned Receiver prays that the time to pay back the money to the Intending Purchaser as directed by the solemn order dated 14th February, 2020 be extended for a period of two weeks after the return of normalcy.
Heard.
Considered the materials placed.
Learned Counsel for the learned Receiver/the applicant submits that notice of this application has been served on the Respondents, including the Learned Advocate for the Intending Purchaser. It is submitted that such notice forwarded by e-mail dated 13th April, 2020, is with the records of the case.
To the mind of this Court, the Bank is only to perform a ministerial task subject to directions in the application. To the further mind of this Court, it would be appropriate that the Intending Purchaser who also stands to be affected qua its liquidify position arising out of the present crisis be given the opportunity to ventilate views before the Hon'ble Court as early as possible.
On the other hand, the present crisis also affects the functioning of the Free School which is claimed to be surviving on the interest earned out of the said Fixed Deposits paid by the Intending Purchaser, as well as the ability of the Trustees to quickly find a new purchaser. Therefore, having regard to the interests of all under the present conditions of a pandemic as well as the balance of convenience, it is directed for the present that the Intending Purchaser shall not insist on the Refund of the Fixed Deposits/Consideration Money till normalcy returns. The Intending Purchaser shall, on the return of normalcy, write to the Learned Receiver invoking the Refund. On receipt of such communication the Learned Receiver shall take apropo steps, including seeking a time limit from the appropriate Court.
A copy of this order will be available on the official website of this Court. The applicant/Receiver should reach a copy of this order to the other side as available on the website.
Exemption to file Court Fees and to complete other formalities stands granted, as prayed for.
Parties are permitted to exchange affidavits to this application, as per the advised mode, within a period of four weeks from date.