RAJENDRA PRASAD AGARWALLA Vs. ALLAHABAD BANK
LAWS(CAL)-1986-4-26
HIGH COURT OF CALCUTTA
Decided on April 18,1986

RAJENDRA PRASAD AGARWALLA Appellant
VERSUS
ALLAHABAD BANK Respondents


Referred Judgements :-

ASGAR ALI V. TROILOKYA NATH [REFERRED TO]
ROHINI KUMAR ROY V. KRISHNA PRASAD [REFERRED TO]
A.C.SANYAL V. R.M.MOITRA [REFERRED TO]
GNANENDRA KUMAR RAI V. SHAYAMA SUNDER JEN [REFERRED TO]
KALIPADA SINHA VS. MAHALAXMI BANK LTD [REFERRED TO]
SABITRI BALA MULLICK VS. ALAK RANJAN PAUL [REFERRED TO]
RAMESHWAR LAL AMAR CHAND CHOUDHARY VS. COMMERCIAL CO-OPERATIVE BANK LTD [REFERRED TO]
BADRINARAYAN CHETLINGIA VS. BAIDYA NATH PAL [REFERRED TO]
PIRAMAL GOENKA VS. BASANTI DAS CHATTERJEE [REFERRED TO]
NOURANGILAL MARWARI VS. SMCHARUBALA DASI [REFERRED TO]
HAYATUNESSA CHOWDHURANI VS. ACHIA KHATUN [REFERRED TO]
AZIZ RAHMAN MOLLA VS. BEPIN BEHARY MUKHERJEE [REFERRED TO]
SHEKENDARALI MEAH VS. ABDUL GAFUR CHOUDHURY [REFERRED TO]



Cited Judgements :-

KHARAG SINGH VS. RAMDAS BANSAL [LAWS(CAL)-2013-3-91] [REFERRED TO]
MEKA VENKATA LAXMI VS. KORUPROLU SREE RAMA RAO [LAWS(TLNG)-2024-4-69] [REFERRED TO]
CHINNAMMAL VS. RAJESWARI [LAWS(MAD)-2015-1-328] [REFERRED TO]
RAJAMORAL VS. STATE BANK OF MYSORE [LAWS(KER)-1992-7-23] [REFERRED TO]
S. PURUSHOTHAMAN AND ORS. VS. CHINNI SUBBAIAH CHETTY CHARITIES AND ORS. [LAWS(MAD)-2015-1-125] [REFERRED TO]


JUDGEMENT

BIMAL CHANDRA BASAK, J. - (1.)This appeal is directed against a judgement and order passed by the learned single Judge of this Court on 16th July 1985 whereby the learned Judge allowed the application of the plaintiff decree-holder for amendment of the tabular statement filed on or about 26th July, 1984 in the manner shown in red ink in a copy of the tabular statement being Annexure-X to the said application and for ancillary orders/directions.
(2.)The suit was filed by the Allahabad Bank Ltd., the predecessor-in-interest of the respondent No. 1 against the defendants whereby on the 4th Aug. 1972 a decree was passed against the defendant No. 2 for a sum of Rs. 71,722.45 P. with interest at the rate of 6% per annum on the principal sum of Rs. 70,000/- from 7-9-68 until realisation. On 26th July 1982 the execution application in tabular form was filed. In such Tabular Statement under column 10, that is, the mode in which the assistance of the Court is required, the following prayers were made :
"(a) Leave be granted to the petitioner to execute the decree dt. 4th Aug. 1972 passed by this Hon'ble Court in the above suit against (i) Rajendra Prasad Agarwalla, (ii) Ghanshyamdas Agarwalla, (iii) Lalit Mohan Agarwalla, (iv) Bhawani Prasad Agarwalla and (v) Vinoy Kumar Agarwalla and each of them jointly and severally as being the partners of the said firm and to proceed with the execution of the decree against the properties and assets of the said partners; (b) The said persons as mentioned in prayer (a) of the petition be directed to disclose their assets and properties by affidavit or otherwise in any reliable manner and also be directed to attend this Hon'ble Court on a day or days as may be fixed by this Hon'ble Court for being examined as to their assets and properties out of which the decree in this suit may be satisfied; (c) In the event of disobedience and/or non-compliance with the directions given by this Hon'ble Court the said persona as mentioned in prayer (a) of the petition and each of them be produced before this Hon'ble Court by the Sheriff of this Hon'ble Court or by the Police Authority of Calcutta so that the said persons and each of them may be examined for ascertaining the assets and properties against which the decree may be satisfied; (d) The decree be executed by attachment and sale of those properties and assets as may be found belonging to the said persons as mentioned in prayer (a) of the petition by appointment of a Receiver over the same with a direction to take possession of such properties and assets and by selling the same either by public auction or private treaty with a direction to pay the net sale proceeds to the petitioner, plaintiff/decree-holder for the satisfaction of the decree and costs of and incidental to this application. In the circumstances no further details of the properties or the value thereof could be given; (e) The said persons as mentioned in prayer (a) of the petition be directed to pay the costs of and incidentals to this application; (f) Such further orders be passed and directions be given as may seem fit and proper to this Hon'ble Court."

(3.)It is to be pointed out that so far as the particulars of the immovable properties are concerned, the space provided for the same in the original Tabular Statement was left blank. Affidavits were filed by the parties and the matter was heard on part when an order was passed in terms of prayers (a) and (b) of Column 10 of the Tabular Statement. The partners were directed to file their affidavit disclosing their assets within three weeks. On 6th May 1985 the appellants filed an affidavit disclosing some of their assets. On 9th May 1985 this application for amendment of Tabular Statement was filed by the Bank. By such application for amendment, the following changes were sought to have been made in the Tabular Statement in respect of the particulars of immovable properties. On the face of that Tabular Statement the following particulars were given, which was left blank before, as already mentioned :- 1. Flat No. 27 Municipal Holding No. 58, Sarat Bose Road, Calcutta-20. 2. Flat belonging to Ghanshyamdas Agarwalla at Municipal Holding No. 5 Sarat Bose Road, Calcutta-20. In respect of Column 10 a new prayer was added being prayer (g) which is to the following effect :-
"(g) A Receiver be appointed over the share as mentioned in Annexure-"X-1" and the National Saving Certificate standing in the name of Bhawani Prosad Agarwalla for Rs. 10,000/- and in respect of Flat No. 27 on 8th floor of No. 5B, Sarat Bose Road, Calcutta-20 approximately of value of Rs. 1,06,140.63 P. belonging to Bhawani Prosad Agarwalla and on Lansdowne Court Flat at No. 5, Sarat Bose Road, Calcutta-20, belonging to Ghanashyam Das Agarwalla of approximate value of Rs. 1,17,700.51 P. and out of the current account of Nursing Company and over Government Security Bond of Rs. 2,500/- in the name of B.P. Agarwalla and attaching the account of B.P. Agarwalla with the State Bank of India, 23C, Acharya Jagadish Chandra Bose Road, Calcutta and the account in the name of Ghanashyam Das Agarwalla with State Bank of India at 23C, Acharya Jagadish Chandra Bose Road, Calcurta-20 to sell and/or realise the decretal amount and to pay the same to the plaintiff judgement-debtor after deducting the costs and expenses of such a sale and/or realisation".



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