K B DUTT Vs. SHAMAL DHONE DUTT

JUDGEMENT

(1.) This is a suit brought by Mr. K.B. Dutt and Mr. P.N. Chaudhuri, the present receivers appointed in suit No. 427 of 1907, which is a suit for the administration of the estate of one Gopal Lall Seal (deceased). The two defendant s are Shamal Dhone Dutt and Norendra Lal Dey, who were former receivers appointed in the same suit.

(2.) The present suit is one of a very novel character. It is a suit by the present receivers to recover from the former receivers an item which they say ought to appear in the accounts of the former receivers, which have not yet been passed and allowed by the Court. One would have to search in vain to find a suit of a similar nature to the present.

(3.) Now, what happened is this. The testator, Gopal Lall Seal, was a man of wealth, and he died leaving two widows, and also there was a document propounded which was said to be the last will and testament of Gopal Lall Seal, and litigation was instituted for the purpose of propounding that will. Mr. Robert Belchambers, who was then the Registrar of this Court, was appointed administrator pendente lite. That suit eventually together with the administration suit was compromised and the two defendants, by an order dated 29th January, 1908, were appointed receivers of the estate of Gopal Lall Seal. Mr. Belchambers, as administrator pendente lite, had incurred very heavy obligations to the Bank of Bengal in respect of the estate, and it therefore became necessary to provide for the payment of the debts that were due by Mr. Belchambers to the Bank of Bengal, and ultimately by an order of the Court, dated 8th July, 1908, which was made on the application and by the consent of all parties, it was ordered that the receivers should be at liberty to raise a loan of a sum not exceeding six lacs carrying interest at a rate not exceeding 7 per cent. per annum, repayable in three years from the date of the mortgage upon security of a sufficient portion of the estate. The order than; proceeded that the receivers do out of the said sum which was to be raised by them as aforesaid pay the balance of the debt due to the Bank of Bengal with interest thereon up to the date of payment and do also pay the costs, charges and expenses of all parties of and incidental to such loan or mortgage; and also that the receivers be at liberty to pay brokerage at the rate of one per cent. on the amount of the said loan.