JUDGMENT

M. Jagannadha Rao, J.-Leave granted.

2. The appellant Bank is the plaintiff in Suit No. 410/85 which is pending on the file of the Calcutta High Court. The respondent-debtor is yet to file its written statement. By 31.12.98, an amount of Rs. 31.13 crores is said to be due to the Bank. Initially, in the above suit, a compromise decree was passed by Ajit Kumar Sen Gupta, J. on 29.3.94. It was contended by the Bank that the compromise was based upon a non-existent agreement. On appeal, the said judgment was set aside by a Division Bench of the High Court on 11.8.98 consisting of Ajoy Nath Ray and Dipak Prakas Kundu, JJ. describing the said judgment as "shocking". The Bench also observed :

"It was as if a contract was being made attempted to be made out for the parties.... It is no part of the duty of the Court to make an agreement for the parties".

The Bench allowed appeal, awarding costs in a sum of Rs.75,000/-.

3. As part of the compromise, the learned Single Judge had stayed another suit on mortgage (O.C. (Mortgage) suit No. 77 of 1991) filed by the Bank. But the Division Bench set aside the entire compromise decree.

4. Thereafter, the suit No. 410 of 1985 filed by the appella