GOYALS PRIVATE LIMITED Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) THIS first appeal is at the instance of the defendants in a suit for recovery of money and is directed against the judgment and decree dated 30th April, 1991 passed by the Assistant District Judge, 10th Court at Alipore in Money Suit No.9 of 1983 thereby passing a decree for recovery of Rs.3,54,797.10p. against both the appellants with interests at the rate of 13 per cent per annum from the date of institution of the suit till payment.

(2.) BEING dissatisfied, the defendants have come up with the present first appeal.

(3.) BY filing additional written statement, the defendants pointed out that the Central Bank of India had filed a suit in the Original Side of this Court being Suit No. 255 of 1975 against the Khardah Company Limited and wherein among the others Pucca Delivery Orders holders, the plaintiff, the Punjab National Bank also filed an application for leave to be given to it for intervention for the protection of its right, title and interest over the goods covered by six PDOs and for direction upon the Joint Receiver not to interfere with the right, title and interest of the Punjab National Bank in any of the goods and not to sell or deal with it.