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1978 Supreme(Cal) 205

MURARI MOHAN DUTT, DHIRES CHANDRA CHAKRABORTY
Central Bank of India – Appellant
Versus
Sunil Kumar Paul – Respondent


Advocates Appeared:
Saktinath Mukherjee and Maloy Mohan Guha, for the Petitioner
No one, for the Opposite party

JUDGMENT

Dutt. J.: This Rule is at the instance of the plaintiff, the Central Bank of India and it is 4irected against Order No. 21 dated June 1, 1976 and Order No. 23 dated June 25, 1976 of the learned Sub-ordinate Judge, 8th Court, Alipore.

2. The suit in which the impugned orders were passed, bas been instituted by the petitioner against the opposite party, inter alia, praying for a decree for Rs. 83, 371. 56 P. upon a declaration that all stocks of Calcium carbonate power, spindle, oil, raw rubber etc. and machinery and other kinds of raw materials are charged and hypothecated for payment of the dues of the petitioner, Further, the petitioner has prayed for a decree for sale of the said goods and machinery mentioned in Schedule 'G' to the plaint by public auction or by private treaty-with liberty to the petitioner to appropriate the sale proceeds thereof after defraying therefrom costs, charges and expenses of the sale in protanto satisfaction of the claims of the petitioner, interim interest and interest on judgment.

3. The opposite party did not appear in the suit and, as such, it was taken up for bearing exparte. At the said exparte hearing of the suit, the petitioner wants to










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