- (1.)THIS Rule is directed against order No. 70 of the 7th December, 1971 of the Second Subordinate Judge at Alipore in Title Suit No. 62 of 1971. The plaintiff instituted a suit for recovery of about twelve lakhs of rupees and for enforcement of certain mortgages. On July 28, 1971 the Trial Court made an exparte order for appointment of a receiver of the mortgaged properties. Sri Satyanam Ghosal, an advocate of the said court was appointed receiver.
(2.)ON 22nd October, 1971 Satyanam Ghosal complained to the trial court that one Virendra Varma, the petitioner before us and a director of Jyoti Weaving Factory Private Ltd. , the opposite party No. 4 was attempting to remove various goods which the Receiver had taken possession of. The complaint was made on information derived from the Receiver's durwan.
(3.)THEREAFTER, Satyanam Ghosal was discharged and Sudhansu Sekhar Banerjee, another advocate of the said court was appointed receiver. The trial judge went into the complaint aforesaid made to him and by the impugned order he directed the defendant No. 2 (Virendra Varma) "to show cause within seven days from the date of return of the notice as to why he should not be committed for contempt. "