KUVER BANK LTD Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application for an order directing the Court Liquidator and certain other parties to pay certain sums of money which are lying in their hands, for appropriating the said sums towards satisfaction of the claim of the petitioner in respect of a decree which the petitioner obtained in Suit No. 2393 of 1947 which was filed in this Court and which sums the petitioner claims to be entitled in priority to the claims put forward by certain other persons.

(2.) The facts which give rise to this application are as follows:

(3.) On the 22nd of August 1947 the petitioner, Kuver Bank Ltd. filed a suit in this Court being Suit No. 2393 of 1947. In this suit as originally filed, three persons namely Kazi Latful Khabir, Kazi Giasuddin Ahmed and one Sushil Kumar Sen were impleaded as defendants and they were described in the cause title as carrying on business in co-partnership under the name and style of K. G. Ahmed and Co. In paragraph 4 of the plaint it was alleged that the defendants agreed in writing that all their partnership assets including the book debts would remain charged with repayment of the dues which are referred to in earlier paragraphs of the plaint. In the prayers of the plaint there was a prayer asking for a declaration that the stock-in-trade and all the assets of the business carried on under the name and style of K. G. Ahmed and Co. be charged with the repayment of the plaintiff's claim. There was also a prayer for sale of the partnership assets and appropriation of the sale proceeds in protanto satisfaction of the plaintiff's claims and there was a further prayer of appointment of a Receiver, if necessary, to realise the book debts of the partnership. There were certain other prayers also.