NEW BANK OF INDIA NOW KNOWN AS AND MERGED WITH PUNJAB NATIONAL BANK KILPAUK BRANCH MADRAS Vs. OFFICIAL ASSIGNEE HIGH COURT MADRAS

JUDGEMENT

(1.) THIS appeal under Cl. 15 of the Letters Patent, is preferred against the order of the learned single judge made in Application No. 3433 of 1993 in C.S. No. nil dated 23.8.1993.

(2.) THE appellant/plaintiff, New Bank of India filed a suit on the original side of the High Court for recovery of a sum of Rs. 1,36,000/- with interest thereon against (1) Official Assignee, High Court, Madras, representing N. Pathmanathan, Insolvent in I.P. No. 96 of 1991 Proprietor of P.P.K.V. Natarajan and Sons and (2) Tmt. Thangathurai Achi and filed an Application No. 3433 of 1993 before the trial court to grant permission/leave to sue the Official Assignee, High Court, Madras in the above proceedings. THE learned single judge dismissed the above application for leave to sue the Official Assignee in the above proceedinhgs. Aggrieved by the above order, the appellant/plaintiff has preferred this appeal.

(3.) ON the above pleadings and the contention of the respective parties, the learned single judge held that the plaintiff bank cannot file a suit against the Official Assignee and that no notice under S. 80 of Civil Procedure Code was given by the plaintiff to the Official Assignee the institution of the suit and as such, the suit was not maintainable.