S B I Vs. JAYSHREE CERAMICS PVT LTD

JUDGEMENT

(1.) The State Bank of India as the appellant-plaintiff in F.M.A.T. No. 614 of 1986 has filed this application for appointment of the Receiver in respect of the properties as mentioned in Schs. I to IV of the petition till the disposal of the aforesaid appeal with a prayer for ad interim appointment of the Receiver pending the hearing of the application for appointment of the Receiver.

(2.) The aforesaid F.M.A.T. No. 614 of 1986 has arisen out of order D/-22-11-85 in the Mortgage Title Suit No. 47 of 1985 in the Court of the learned Assistant District Judge, Asansole, whereby the learned Assistant District Judge while issuing the notice upon the defendants of the suit in connection with the plaintiff's application for appointment of the Receiver, has rejected the plaintiff's prayer for ad interim appointment of the Receiver.

(3.) The Bench of this Court, presided over by Mr. Basak, J. and Mr. Das Ghosh, J. by its order dt. 4-8-86 admitted the appeal and by its order of the same date with regard to plaintiff-appellant's application for appointment of the Receiver, gave the direction for hearing of the said application as the contested one and pending the hearing of that application an ad interim appointment of the Receiver was made ex parte, without giving any direction as to the Receiver's function.