SONAR BANGLA BANK LTD Vs. CALCUTTA ENGINEERING COLLEGE

JUDGEMENT

(1.) This is a short liquidated claim in a banking company suit. It was instituted by the Sonar Bangla Bank Ltd. (in liquidation) through the Court Liquidator as the plaintiff. There are four defendants. The first defendant is the Calcutta Engineering College, a society registered under the Societies Registration Act. The second defendant is N.C. Chaudhuri, its Principal and Secretary of its governing body. The third defendant is Kalikata Shilpa Vidyapith, a society registered under the Societies Registration Act and having the same address as the first registered society defendant, namely, the Calcutta Engineering College. The fourth defendant is P.B. Ghose, the Principal Secretary of the Kalikata Shilpa Vidyapith, both for self as well as representing the said registered society.

(2.) It is a simple suit on mortgage. The decree sought for is a mortgage decree under Order 34, Rule 4 of the Code of Civil Procedure for the sum of Rs. 69,135-0-3. The mortgage on which the suit is based is dated 15th March, 1945. The parties to the mortgage are expressly said to be the Calcutta Engineering College as the mortgagor and the Sonar Bangla Bank Ltd. as the mortgagee.

(3.) It will be necessary to emphasise some of the features of the mortgage deed having regard to the issues raised in the suit. The mortgagor Calcutta Engineering College is expressly represented in the mortgage deed by "the Secretary of the Governing Body of the said College." It also recites that the college was in urgent need for money for meeting the expenses of the construction of the structure of the Calcutta Engineering College. It also expressly recites that this Secretary is entrusted as the sole representative having power to borrow money from outsiders against mortgagee." 'No evidence is given by the College to deny that it had any such need or that it built any structure or construction. The mortgage deed admits expressly that "the mortgagee advanced to the mortgagor various sums from time to time which amounted to a total sum of Rs. 35,000/- only, the receipt whereof the said mortgagor doth hereby acknowledge and admit." It is signed by N. Chaudhuri as Secretary to the governing body of the Calcutta Engineering College. It is also executed by him as such.