BHUPENDRA NATH BOSE Vs. ANIL KUMAR MITTER

JUDGEMENT

(1.) This is an application made by the plaintiff for appointment of a Receiver of the premises No. 24B, Theatre Road, Calcutta. The plaintiff is the mortgagee under an English mortgage dated 22nd September, 1964, executed by the defendant in favour of the plaintiff. This suit was instituted on 19th September, 1969, to enforce the said mortgage.

(2.) Preliminary decree in this suit was passed on March 13, 1970, by consent of the parties for the sum of Rs. 52,333/- and further interest on the principal sum of Rs. 50,000/- and costs in Form 5A, Appendix 'D', Schedule 1 to the Code of Civil Procedure.

(3.) This property is also subject to an earlier mortgage in favour of the Administrator General, West Bengal, representing the estate of one Sagar Dutta, deceased. The said prior mortgagee has not yet filed any suit to enforce the said mortgage.