JUDGMENT- M.K. MUKHERJEE, C.J.:---The respondents Nos. 1 and 2 herein (hereinafter referred to as the plaintiffs) have filed the suit from which the instant appeal stems, for declaration that certain amounts as mentioned in the plaint, are due and payable by the appellant Company (the defendant No. 1 in the suit) and for declaration that the land and/or building and/or plant and machinery etc. belonging to it are secured to them for securing repayment of the said amounts. After filing the suit the plaintiffs took out a Notice of Motion being No. 1819 of 1989 for an injunction restraining the Company from disposing of and parting with possession of the properties secured to them and for appointment of Court Receiver. In that notice of motion initially an interim order of injunction was passed in favour of the respondents. On a further application for ad interim relief moved by them an order was passed by the learned trial Judge on October 23, 1989 appointing Court Receiver, in respect of the properties with a direction to appoint the Company as Court Receivers agent without security and compensation. At the final hearing of the said notice of motion on December 18, 1990 the learned

Click Here to Read the rest of this document