Rabindra Nath Chatterjee (Dec) -Andudayan Mukherjee v. Siddhartha Chatterjee

1.Counsel for the parties are present. It is submitted that parties have settled their disputes and differences and have executed a Terms of Settlement signed between all the parties to the suit.

2.The proceedings relate to three suits relating to the estate of Bela Chatterjee and Rabindra Nath Chatterjee both deceased. Their assets form a part of the affidavit of assets filed in two testamentary suits filed by the executors and suit for declaration and injunction filed by the son of the deceased. The Terms of Settlement dated 19th December, 2018 record that,

“At the intervention of well-wishers and by consent of the parties the instant probate proceedings and civil suit are hereby settled and disposed of interalia on the following terms:”

3.All three suits have been mentioned in clause (i) of the Terms of Settlement. Mr. Sen, learned counsel appearing for the executors submits that certain steps have to be taken by the defendant/caveator in the testamentary suits which have been enumerated in clause (ix) of the Terms of Settlement.

4.Mr. Saha, learned senior counsel appearing for the plaintiff submits that the same will be done in pursuance of the terms and that there are no disputes remaining between the parties.

5.In terms of the above, and as submitted by the counsel appearing for the parties, let Probate of the last Will and testament dated 4th August, 2008 of Bela Chatterjee be granted to the executor, Udayan Mukherjee named in the said Will and as prayed for in T.S. No. 10 of 2015. Similarly, the Probate of the last Will and testament dated 4th August, 2008 of Rabindra Nath Chatterjee will be granted to the executor, Udayan Mukherjee who has been named in the said Will.

6.Let C.S. No. 106 of 2017 be decreed in terms of the Terms of Settlement. As prayed for by counsel, the department is directed to draw up the decree and issue grant of probate expeditiously.