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1974 Supreme(Cal) 152

S.C.GHOSH, B.C.MITRA
MACKINNON MACKENZIE AND COMPANY PVT. LTD. – Appellant
Versus
ANIL KUMAR SEN – Respondent


Advocates Appeared:
B.K.BACHAWAT, DIPANKAR GHOSH

B. C. MITRA, J.

( 1 ) THIS appeal is directed against an order dated February 20, 1974, whereby the appellant was directed to pay to the Sheriff of Calcutta a sum of Rs. 1,40,873. 15 attached in its hands by an order previously made on May 22, 1973. The order was made in garnishee proceeding, the appellant being the garnishee was served with a notice dated June 25. 1973, whereby it was required to pay to the Sheriff the said sum on or before July 26, 1973. or to appear before the court on the appointed date and show cause to the contrary.

( 2 ) ON January 5, 1973, the first respondent instituted a suit in this court for a decree for Rs. 2,16,000/- as money lent and advanced together with interest and costs. In this suit an application was made by the first respondent for an injunction restraining the appellant at garnishee from paying to the second respondent, who was the defendant in the suit, any sum without leaving Rs. 2,16,000/- in its hands and on this application an ex parte ad interim order was made on January 8, 1973, This ad interim order was modified and the appellant as the garnishee was directed to pay Rs. 80,000/-to the second respondent's solicitor to be held by him




















































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