Judgment

DESAI, J.:- M/s. Jethabhai Khatau and Co., a partnership firm is the appellant in all the three appeals. The respondents in all the three appeals are : (1) Luxmi Narayan Cotton Mills Ltd., an incorporated Company (company for short), (2) State of West Bengal, (3) S. K. Dutta, who was for some time a receiver appointed by the High Court; (4) Grindlays Bank, (Bank for short), having a fixed deposit account in the name of Receiver. S. K. Dutta on behalf of Luxmi Narayan Cotton Mills Ltd., (5) A. K. Dutta. and (6) R. C. Deb, who claim to have been appointed as joint receivers after removal of Shri. S. K. Dutta.

2. Appellant filed suit No. 1194/66 against the company or the original side of the Calcutta High Court to recover a certain amount due under two separate heads. By the time the suit came up for hearing the Board of Directors of the Ist respondent company was superseded and one Gurudas Sharma was appointed as an Administrator. The Administrator on behalf of the Ist respondent company entered into a compromise with the appellant in respect of the claim in suit of the appellant and after obtaining leave of the Court to settle the matter, invited a consent decree by which the company was held liable and directed to pay Rs. 2,85,000/- with interest thereon at 6% per annum, from January 6, 1970, the date of the decree, till realisation. The Ist respondent company was given an option to pay the decretal amount by monthly instalments of Rs. 5,000/-, the first instalment becoming due and payable on March 15, 1970, and each subsequent instalment to be paid by 15th day of the next succeeding month. The default clause in the consent decree provided that if the company committed default in payment of any two instalments within the time stipulated in the decree, the whole of the decretal amount and the interest on the balance of the decretal amount will become due and payable at once. It appears that the Ist respondent company received Rs. 15,00,000/- from the Custodian of Enemy Property in respect of its cotton Mills situated in Narayanganj Bangladesh. The 3rd respondent S. K. Dutta appears to have been appointed a receiver in respect of this compensation amount and he appears to have deposited Rs. 8,40,000/- out of the compensation amount in fixed deposit account evidenced by receipt Nos. 1002-2539 with the Bank at its Netaji Subhash Road Branch, Calcutta. The appellant by an order dated April 5, 1978, of the Calcutta High Court, obtained leave to execute the decree by attachment of funds lying in the hands of the 3rd respondent receiver S. K. Dutta (Annexure D). By the date of the order Rs. 4,20,702.94 p. had become due and payable under the decree. Pursuant to this order an interim attachment was levied under Order 21 Rule 52 C. P. C., on the amount covered by the aforementioned fixed deposit receipt, and accordingly the Master of the Court, Shri S. K. Ghosh informed the 3rd respondent receiver by the writ of the Court dated April 12, 1978, that the receiver shall hold the money under the fixed deposit account subject to such order as may be made respecting the same in the suit in which he had been appointed a receiver and subject to further orders of the Court (Annexure E). The Master confirmed the interim attachment by his order dated April 24, 1978 (Annexure F). On May 4, 1978 upon a petition by the appellant the Court directed the receiver 3rd respondent to pay the sum of Rupees 4,20,702.94 to the appellant decree-holder out of the amount in the fixed deposit account of the judgment debtor with the Bank in fixed deposit receipt Nos. 1002-2539 standing in the name of the receiver which was attached in terms of order dated April 12, 1978, as confirmed by the order dated April 24, 1978. Presumably neither the 3rd respondent receiver nor the Bank effectively implemented the order dated May 4, 1978. whereupon the appellant moved the Court during the vacation on May 24, 1979, for an appropriate direction and a learned single Ju