NATH BANK LTD Vs. JOGENDRA KUMAR MAJUMDER

JUDGEMENT

(1.) This is a rule for contempt issued by me suo motu for publishing a printed notice to prevent the sale directed to be held in court on the 21st of July, 1978, at 2 p.m. The said publication is as follows :

(2.) It appears that the contemner, Gourdeb Mukherjee, is alleging that a registered mortgage dated the 7th of August, 1953, created in his favour by the then owner of the premises known as Kotrang Properties, Uttarpara, was purchased by the bank in public auction in execution of the decree against the judgement-debtor. It appears that the judgment debtor and his heirs and legal representatives and also other alleged lessees and benamidars tried to prevent the court liquidator representing the said decree-holder, Nath Bank Ltd. (in liquidation), to take possession and to sell the said property. The records of the said proceedings will reveal the resistance and obstruction and various frivolous litigations and proceedings taken by the judgment-debtor, his heirs and legal representatives. Ultimately, the sale was fixed to be on the 21st of July, 1978. It also appears that previously the official liquidator made several attempts to sell the said property by public auction but he received letters from the said contemner, Gourdeb Mukherjee, asking that the sale should not be held free from encumbrances and the purchasers should be intimated about his alleged mortgage on the said properties. It appears from the past conduct of the contemner, Gourdeb Mukherjee, that he had the real intention to prevent the court liquidator from selling the said properties. He never took positive steps for enforcement of his alleged mortgage earlier than May, 1978, when he filed a suit in this court with the leave of the court and made an application, inter alia, for stay of the sale of the said premises alleged to be mortgaged to the said Gourdeb Mukherjee. Previously it appears that the said Gourdeb Mukherjee caused a public notification to be issued in the Statesman on the 21st of December, 1977, which is as follows :

(3.) Public Notification