AMAL KUMAR GHATAK Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) Heard on merits.

(3.) A money decree was passed by the Calcutta High Court in favour of the United Bank of India, Respondent No. 1 against the appellant Amal Kumar Ghatak on 14-3-1986. It appears that an agreement was entered into between the appellant Amal Kumar Ghatak and respondent No. 3 M/s. S. N. Enterprises Pvt. Ltd. according to which the decretal amount was to be paid in the manner agreed therein by respondent No. 3. Other terms and conditions are unnecessary for this appeal. An ex parte order was made by the learned single Judge of the Calcutta High Court appointing a receiver on 1-3-1991, in respect of the disputed property, in the proceedings for execution of that decree at the instance of M/s. S. N. Enterprises Pvt. Ltd., respondent No. 3, which had applied earlier for being added as a party even though the order for its addition was made subsequently on 17-5-1991. After notice to the appellant, the learned single Judge confirmed that order on 7-2-1992. The appellant preferred an appeal to the Division Bench which was dismissed by an order dated 15-9-1992. These orders have been challenged by special leave herein.