INDRAJIT ROY Vs. BANK OF BARODA AND ORS.

JUDGEMENT

(1.) In an original proceeding an application was taken out for attachment before judgement with further prayer in the form of injunction restraining the petitioner from encumbering, transferring or dealing with the properties mentioned in the said application.

(2.) Admittedly a credit facility was extended to one Monirul Alam in the nature of house-loan for Rs.12,00,000/- and odd by the Bank. It is alleged that the said Monirul Alam neglected and failed to pay the outstanding dues even after the demand having raised upon him. It is further alleged in the said petition that the said Monirul Alam mortgaged a Flat, being G-1 on the 3rd Floor of the building having super built up area of 1302 sq. ft. lying and situated at Mouza Bagjola, Municipal Holding No. 06/73, M. M. Ghosh Road, Kolkata - 700 074 by depositing the title deed.

(3.) In paragraphs 3 & 4 of the application it is stated that since the said property would not fetch the amount due to the Bank because the present value whereof is much less than the same, the enquiry was conducted as to the personal properties of the defendants therein including the petitioner and it appears that the petitioner is the owner of an immovable property jointly with the wife, Jayati Roy, in respect of a piece and parcel of land measuring 2 cottahs 13 chittacks and 21 sq. ft., being Premises No. 50, G. B. Road under the South Dum Dum Municipality, where one storied house has been errected.