JUDGMENT

RANGANATHAN, J.:—Leave granted.

2. These appeals arise as a sequel to certain directions of this Court in the famous Sanchaita case. The Sanchaita Investment Company was a firm which was controlled and run, primarily, bv three persons Sambhu Prasad Mukherjee, Bhihanlal Murarka, and Swapan Kumar Guha. It had been able, by dint of a tremendous advertise merit Campaign, to collect deposits amounting to several crores of rupees from thousands of depositors spread all over India by holding out attractive terms of interest. The firm initially prospered and its deposits steeply mounted to astromical figues. The firm, however, began to acquire, or deal in, movable and immovable properties in various cities of India in the names, net only of the firm, but of relatives and benamidars of various persons who were in main agreement (of) its affairs. A sizeable portion of the firms funds being thus tied up or sill honed away from its coffers for the private benefit of the individuals running it, the trim eventually. began making defaults in its obligations to the depositors. The depositors, thereupon,- approached the High Court and eventually the matters came up to this Court in W. P. Nos. 638 and 755-800 of 1983. With a view to safeguard the interests of the depositors, arrange for a return to them of as much of their deposits as possible and ensure that the properties of the firm were duly identified and the full and due benefit of the funds diverted from its coffers was restored to the firm, this Court, by its order dated 4-5-83, appointed a retired District Judge as a Commissioner to take charge of all the assets, documents and papers of the firm and of its agents, subagents, transferees and benamidars. Directions were given to the Commissioner to look into the claims of depositors and to devise a scheme whereby persons who had deposited sums not exceeding Rs. 25,000/ - could be repalid expeditiously. By a subsequent order dated 27-9-83, certain directions were given to enable the Commissioner to gather in all the assets of the firm. It is necessary to quote a portion of this order. It read :

"The Commissioner may attach such assets and properties which, in his prima facie opinion, are of the ownership of the firm Sanchaita Investments, or of the ownership of any of its partners. Such assets and properties may be put to sale by the Commissioner if no objection is received to the attachment thereof within one month of the date of attachment. All objections received to the attachment of such assets or properties will be forwarded by the Commissioner to the Prothonotary of the High Court of Calcutta. We request the learned Chief Justice of the Calcutta High Court to nominate a Division Bench of the High Court for the purpose of jurisdiction upon such objections. The Division Bench will dispose of the objections on merits after hearing all interested parties."

3. Reference must also be made to another order of this Court dated 23-9-85 in C.M.P. No. 38589/85. By this order, this Court directed

"After hearing counsel for the parties we consider it necessary to empower the Commissioner, Sanchaita Investment, to remove all unauthorised persons and trespassers from possession of the property proposed to be sold by the Commissioner under the orders of this Court and to hand over vacant possession to the rightful purchasers. The Commissioner is authorised to take the assistance of the police for the purpose of obtaining possession and handing it over to the rightful purchasers."

4. In pursuance of these directions, the Commissioner attached a large number of properties situate all over the country which, he had reason to believe, were properties which belonged to the firm though acquired in the names of others. When the properties were so attached and sought to be sold, objections were lodged by persons claiming title or possession of the property in their own right and these objections were adjudicated upon by the designated Division Bench of