CENTRAL BANK OF INDIA Vs. SUNIL KUMAR PAUL

JUDGEMENT

(1.) This Rule is at the instance of the plaintiff, the Central Bank of India and it is directed against Order No. 21 dated June 1, 1976 and Order No. 23 dated June 25, 1976 of the learned Sub-ordinate Judge, 8th Court, Alipore.

(2.) The suit in which the impugned orders were passed, has been instituted by the petitioner against the opposite party, inter alia, praying for a decree for Rs. 83,371.56 P. upon a declaration that all stocks of Calcium carbonate power, spindle, oil, raw rubber etc., and machinery and other kinds of raw materials are charged and hypothecated for payment of the dues of the petitioner, Further, the petitioner has prayed for a decree for sale of the said goods and machinery mentioned in Schedule *G' to the plaint by public auction or by private treaty with liberty to the petitioner to appropriate the sale proceeds thereof after defraying therefrom costs, charges and expenses of the sale in protanto satisfaction of the claims of the petitioner, interim interest and interest on judgment.

(3.) The opposite party did not appear in the suit and, as such, it was taken up for hearing ex parte. At the said ex parte hearing of the suit, the petitioner wants to prove the said hypothecation deeds dated Sept. 14, 1973 and March 23, 1973 in respect of movable properties as described in the Schedule to the said documents. The deeds bear stamp worth Rs. 1.50 and refugee relief stamp worth 10P. each.