AMIYA PROSAD SANYAL Vs. BANK OF COMMERCE LTD

JUDGEMENT

(1.) Leave granted. Heard learned counsel for the parties.

(2.) These appeals are directed against the order dated May 17, 1991 and June 18, 1991 passed by a Division Bench of the Calcutta High Court in Appeal No. 436 of 1986 (Samarendra Nath Dass v. Bank of Commerce Limited (in liquidation) and Appeal No. 437 of 1986, Smt. Anjali Paul v. Bank of Commerce Limited (in liquidation). By the first order dated May 17, 1991 both the said appeals were allowed whereby certain properties numbering nine out of nineteen properties earlier sold to the appellants pursuant to the court's sale in execution proceedings are excluded from such sale on the finding that the said nine properties belonged to the respondent Nos. 2 to 13. By the subsequent order dated June 18, 1991 passed in the said two appeals leave was granted by the Division Bench to the Official Liquidator to take steps for setting aside the auction sale by the Court and confirmed in favour of the appellants in respect of the remaining properties and to reauction the said properties.

(3.) In or about 1949, the Bank of Commerce Limited (now in liquidation) had filed a suit against one Bagala Prosad Sanyal being Suit No. 1794 of 1949 to recover a sum of Rs. 1,51,939.86 being the amount due for monies lent and advanced on an overdraft account. The said Bank of Commerce Limited having gone in liquidation, it is being represented by the Official Liquidator.