CENTRAL BANK OF INDIA Vs. SRISH CHANDRA GUHA

JUDGEMENT

(1.) This is an application for amendment of a petition filed in pro-inter esse-suo seeking inter alia to add in the said proceedings Indian Tea Association stated to be an unregistered Association of members. The petition was filed by Assam Bengal Cereals Limited, an existing Company within the meaning of Companies Act, 1956 of No. 10, Netaji Subhas Road. In the said petition the Assam Bengal Cereals Limited claimed inter alia to be examined pro-inter-esse-suo as to their right, title and interest in 19139 Quintals 87 Kilogramms and 805 gramms of wheat and/or Bhushi fully described in An-nexure (a) to the said petition. The petitioner in the said petition also claimed a declaration to the effect that it was the absolute owner of the said goods.

(2.) The petition was necessitated because of the fact that on the aforesaid goods Joint Receivers were appointed by this Court on the application of the plaintiff in the Suit No. 248 of 1970. that is to say Central Bank of India. The Central Bank of India claimed to be the hypothecatee or pledgee in respect of the said goods. The hypothecation or pledge was alleged to have been created by the defendants in the suit. Srish Chandra Guha and Debabrata Guha carrying on business under the name and style of Guha Rice Co.

(3.) After the petitioner Assam Bengal Cereals Limited made the said application in pro-inter-esse-suo an order was made on the said application by me on July 20, 1970 inter alia to the following effect to wit :--