ASOK KUMAR GANGULY, J.

( 1 ) SINCE the matter has been argued before us at length by both the parties, we, with consent of the parties, treat the appeal on the day's list and dispose of the same by the following judgment.

( 2 ) THERE shall be an order in terms of prayer (a) of the petition.

( 3 ) THIS appeal arises out of an order dated 20. 09. 2002 by which the learned judge of the first Court directed the defendant/appellant to furnish security within three weeks from the date and, in default, directed that the decree should be drawn up for a sum of Rs. 5,82,61,191. 15p. along with interim interest @ 6% ptr annum and interest on judgment @ 12% per annum. It was made clear in the said order that in the event of failure on the part of the defendant to furnish security, decree and consequential order will follow and the suit will stand disposed of.

( 4 ) PRIOR to the aforesaid order, another order dated 11. 09. 2002 was passed by the learned Judge recording therein that the suit was filed by the plaintiff for recovery of a sum of Rs. 5,82,61,191. 15p. with the interim interest and interest on judgment. The plaintiff disclosed an account showing that the aforesaid sum is receivab

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