( 1 ) THIS is an application by the Official Receiver of this Court as official liquidator of Bank of Commerce Ltd. (In Liquidation) (hereinafter referred to as the bank) under Section 45b of the Banking Companies Act 1949, for determination of the rights of the bank and of the respondents Nos. 1, 2 and 3 to the sum of Rs. 1,00,000/- lying to the credit of the Court, in Title Suit No. 36 of 1954, in the Court of the 4th Subordinate Judge at Alipore, for an order that the Joint Receivers appointed by this Court in Suit No. 289 of 1959 (Bank of Commerce Ltd. (In Liquidation) v. Sailendranath Sinha and another) be allowed to withdraw the sum of Rs. 1,00,000/- and make over the same to the petitioner, for an injunction restraining the respondent No. 1 from interfering in the matter of realisation and/or withdrawal or payment of the same to the petitioner and for costs.

( 2 ) THE petitioner had filed a suit in this Court being Suit No. 289 of 1959 (Bank of Commerce Ltd. (in Liquidation) v. Sailendra Nath Sinha and another) claiming a declaration that an alleged assignment dated March 18, 1958, made by the respondent No. 2 in this application, was a sham and fictitious transaction and t

Click Here to Read the rest of this document