SETH LOONKARAN SETHIYA Vs. IVAN E JOHN

JUDGEMENT

(1.) THIS is the plaintiff' appeal against the order of the trial Court directing the Receiver to pay a sum of Rs. 58,295.49 to the defendant-respondent No. 5/2, Nirmal Kumar Patni. The plaintiff has prepared and produced a bound paper book which, for the facility of reference, has been referred to by us as paper book, Vol. No. 1 and the defendant-respondent No. 5/2, Nirmal Kumar Patni, has similarly prepared and produced an unbound paper book which has been referred to by us as paper book Vol. No. 2.

(2.) IN Volume 1 at page 23 a reference has been made to the judgment of the Supreme Court in Civil Appeal No. 110 of 1961 reported in AIR 1962 SC 21 and we think the short background of the litigation can be usefully reproduced from the judgment of the Supreme Court after suitable amendments:

(3.) ON April 5, 1954, the trial Court passed a preliminary decree against the defendants directing them to deposit the decretal amount in court within the prescribed time and in default the plaintiff was given a right to apply for a final decree for sale of the business assets of the defendants. The decree also gave a right to apply for a personal decree in case the sale proceeds were not sufficient to discharge the decree. The preliminary decree directed that the Receivers should continue on the property until discharge.