Calcutta High CourtSourabh Ghosal vs Smt. Anupama Roy Choudhury on 27 January, 2015Author:I.P.MukerjiBench:I. P. MukerjiGA No.115 of 2015
                        TS No.3 of 2008
                      EOPLA No.1 of 2013
               IN THE HIGH COURT AT CALCUTTA
              Testamentary and Intestate Jurisdiction
                        ORIGINAL SIDE


                       IN THE GOODS OF:
                 PRATIVA SUNDARI DEVI (DECD.)
                              And
                       SOURABH GHOSAL
                             Versus
                SMT. ANUPAMA ROY CHOUDHURY


BEFORE:

The Hon'ble JUSTICE I. P. MUKERJIDate : 27th January, 2015.Appearance:Mr. Ritabrata Mitra, Advocate
                                Ms. Nilanjana Auddy, Advocate
                                Ms. Deborshi Dutta, Advocate


        The Court: This application is entertained on the undertaking

  given by the Advocate on record for the applicant to file an affidavit of

  service in course of today.Considering the averments made in the petition, specially those

  in paragraph 13, that the petitioner would soon be shifting his

  residence permanently to Vadodara, having got employment there, a

  commission should be issued for his examination.In that view of the matter, I appoint Mr. Swagata Datta,

  Advocate,   Bar    Association    Room      No.7,   at   a   consolidated

  remuneration of Rs.25,000/- to be paid by the petitioner as the

  Commissioner, to record the evidence of the petitioner, Mr. Saurabh

  Ghosal. All administrative arrangements regarding the functioning of

  the commission will be made by the Registrar, Original Side, or an2Officer designated by him upon the petitioner depositing the requisite

fees and costs with him.The commission will be held in Kolkata in a secluded room in

the office of the Advocate on record for the petitioner. It should

proceed in right earnest so that the report is filed as expeditiously as

possible not later than 27th February, 2015, with copies circulated to

all appearing parties, at their cost.The Commissioner will only be empowered to record in his

report the objections with regard to the questions and documents. He

will not have any power to disallow any question or answer or to

refuse to admit any document. Only the objections will be carefully

noted in the report.This application is accordingly disposed of.

      All   parties    are   to   act   on   the   communication   of   the

Commissioner pending issuance of a certified copy.Certified copy of this order, if applied for, be supplied to the

parties subject to compliance with all requisite formalities.(I.P.MUKERJI, J.)
G/