SANTOSH THAKUR Vs. ALLAHABAD BANK OF INDIA SIC

JUDGEMENT

(1.) This appeal is at the instance of the defendant No.2 and is directed against Order No.55 dated June 7, 1997 passed by the Assistant District Judge, 4th Court, Alipore in Title Suit No.19 of 1992 whereby the learned trial Judge allowed two applications filed by the respondent No.1, one for injunction and the other for appointment of Receiver.

(2.) The aforesaid title Suit No.19 of 1992 was filed by the respondent No.1 against the appellant and opposite party Nos. 2 to 4 thereby praying, inter alia, for recovery of money and for enforcement of hypothecation and mortgage. The prayer portion and the schedule annexed to the plaint are quoted hereunder :-

(3.) The case made out by the respondent No.1 in the aforesaid suit was that the appellant as a partner of respondent No.2 took loan from the bank by mortgaging his immoveable property situated at Premises No 29, Sadananda Road, Calcutta 26 and hypothecated all stocks of consumable goods both present and future, and other moveable properties. The total claim of the respondent No.1 with interest calculated upto February 15, 1992 amounted to Rs. 8,99,793.55. In spite of demands the appellant and the respondents No.2 to 4 failed to pay the aforesaid amount. Hence the suit.