(RAJA) PROMOTHANATH MALIA Vs. HVLOW AND CO

JUDGEMENT

(1.) This is an appeal from an order made by Lord-Williams, J., appointing a receiver by way of execution of a colliery called the Challeulpur colliery belonging to the defendant. The plaintiffs on 25 August 1925 obtained a consent decree against the defendant for the sum of four lakhs with certain interest payable by certain instalments. The suit was only a money suit, but the consent decree provided that the decretal amount should be secured by a first charge upon the Challeulpore Colliery with all fittings and fixtures and that in default of payment of any instalment, the plaintiffs should be entitled to execute the decree and at their option to have the said colliery which is hereby charged sold in execution of the decree made in this suit.

(2.) The plaintiffs on 5 January 1929 applied for execution of the decree and asked by their tabular statement for an order directing a sale by the Registrar of this Court of the said colliery. This application was clearly misconceived both because sales in execution are not held by the Registrar and also because the colliery being within the district of Burdwan, a sale in execution could only be obtained by transfer of the decree for that purpose to the local Court. These objections being taken (together with certain others which are without substance and to which I need not refer) the plaintiffs proposed to amend their application by asking in the alternative: that a receiver may be appointed of the said properties with libarty to him to sell the same by public auction to the highest bidder.

(3.) The learned Judge has made an order appointing a member of the Bar to be receiver of the colliery with power to him to get in and collect the outstanding debts and claims due in respect thereof. He has ordered the defendant to deliver up quiet possession together with all account books, papers etc., relating thereto. He has also directed the receiver to take possession and to collect the issues an profits and has further ordered that the receiver do forthwith sell the said property by public auction to the best purchaser or purchasers that can be got for the same provided he considers that a sufficient sum has been offered.