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 By the time the suit came up for hearing the Board of Directors of the Ist respondent company was superseded and one Gurudas Sharma was appointed as an Administrator.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 th