SUKHDEVI KUMAR BIBI Vs. NAWAL KISHORE BHARGAVA

JUDGEMENT

(1.) This is an appeal from the judgment and order of G.K. Mitter, J. dated May 17, 1961. The partners of Pearylal Kishorilal at Calcutta and of Bravo Stores at Asansol borrowed a sum of Rs. 28,000 from Sm. Sukhdevi Kumari Bibi, the Appellant herein and several other sums from four other sets of creditors. The total loan comes to a sum of Rs. 93,000. On April 27, 1953, these partners executed a letter of hypothecation in favour of Sm. Sukhdevi Kumari Bibi and the other creditors by creating a floating charge on the stocks, furniture and other assets of the said two businesses.

(2.) On January 10, 1956, Sm. Sukhdevi Kumari Bibi instituted a suit in this Court being Suit No. 107 of 1956 against the said partners for the recovery of Rs. 28,000 with interest.

(3.) On March 22, 1956, Ghanshyamdas Bhargava, one of the partners instituted a suit being Suit No. 814 of 1956 against his other partners for dissolution of the firms of Pearylal Kishorilal and Bravo Stores.