( 1 ) THIS is an application made by the plaintiff for appointment of a Receiver of the premises No. 24b, Theatre Road, Calcutta. The plaintiff is the mortgagee under an English mortgage dated 22nd September, 1964, executed by the defendant in favour of the plaintiff. This suit was instituted on 19th September, 1969, to enforce the said mortgage.

( 2 ) PRELIMINARY decree in this suit was passed on March 13, 1970, by consent of the parties for the sum of Rs. 52,333/- and further interest on the principal sum of Rs. 50,000/- and costs in Form 5a, Appendix 'd', Schedule 1 to the Code of Civil Procedure.

( 3 ) THIS property is also subject to an earlier mortgage in favour of the Administrator General, West Bengal, representing the estate of one Sagar Dutta, deceased. The said prior mortgagee has not yet filed any suit to enforce the said mortgage.

( 4 ) THE mortgagor has also other debts and liabilities under two several decrees passed in Suit No. 262 of 1969 and Suit No. 526 of 1969 for two several sums of Rs. 99,837. 21 P. and Rs. 67,600/-respectively with interest on the aforesaid sums and costs. The said two ex parte decrees were passed on 28th March, 1969.

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