TARAKESHWAR PRASAD SINGH Vs. UNITED BANK OF INDIA
LAWS(CAL)-1994-3-17
HIGH COURT OF CALCUTTA
Decided on March 02,1994

TARAKESHWAR PRASAD SINGH Appellant
VERSUS
UNITED BANK OF INDIA Respondents


Referred Judgements :-

MOHANLAL V. STATE OF PUNJAB [REFERRED TO]
BINOD BEHARI GHOSHAL V. SHEW KAMAL SINGH [REFERRED TO]
SREEDHAR CHOWDHURY V. NILMONI CHOWDHURY [REFERRED TO]
YAR MOHAMMED V. LAKSHMI DAS [REFERRED TO]
MIDNAPORE ZAMINDARY CO. V. NARESH NARAYAN ROY [REFERRED TO]
PUSPA DEVI JHUNJHUNWALLA V. OFFICIAL LIQUIDATOR [REFERRED TO]
MANGRU MAHTO RAMANANDAN LAL VS. THAKUR TARAKNATHJI TARKEAHWAR MATH [REFERRED TO]
LALLI YESHWANT SINGH DEAD VS. RAO JAGDISH SINGH [REFERRED TO]
BURMAH SHELL OIL DISTRIBUTING NOW KNOWN AS BHARAT PETROLEUM COR PORATION LIMITED VS. KHAJA MIDHAT NOOR [REFERRED TO]
SATYENDRA NATH BOSE VS. BIBHUTI BHUSAN BHAR [REFERRED TO]
CENTRAL BANK OF INDIA VS. SRISH CHANDRA GUHA [REFERRED TO]
SOHAN LAL VS. STATE [REFERRED TO]
K K VERMA VS. UNION OF INDIA [REFERRED TO]
MOZAM SHAIKH VS. ANNADA PRASAD BHADRA [REFERRED TO]


JUDGEMENT

- (1.)THIS appeal is directed against a judgment and order dated September 6, 1991 passed by a Single Judge of this Court in Matter No. TC 2 of 1966 whereby the said learned Judge in a proceeding in the nature of pro-interesse-suo taken out by the applicant tarkeshwar Prasad Singh and Saharsa Steel Alloy Ltd. , who are not the parties to the suit being Suit No. T. C. 2 of 1966, rejected the said application calling for intervention on the ground inter alia that they were severely prejudiced by the order passed in the suit. In the present proceeding the said applicants specifically asked for setting aside of the orders dated august 4, 1987 and August 29, 1990. The appellants who were the applicants before the learned Single Judge alleged that by virtue of a court sale in Execution Case No. 1 of 1969 confirmed by the Dumka Court, Sri tarakeshwar Prasad Singh as Chairman of the Board of Directors of sahara Steel Alloy Ltd. bought 5. 3 (0 acres of land at Baidyabati belonging to Sri Hanuman Foundries Ltd. Hanuman Foundries Ltd. granted a lease of 5. 36 acres of land at Baidyabati as well as plants and machinery therein to Baidyanath Iron and Steel Company Ltd. for a period of 30 years commencing on and from August 1959. The lease, however, expired on 31st July, 1989.
(2.)ON 29. 9. 1958 Bihar State Financial Corporation granted a loan of rs. 10,00,000/- to Sri Baidyanath Iron and Steel Co. Ltd. To secure the repayment of the said loan Sri Baidyanath Iron and Steel Co. Ltd. , herein-after referred to for the sake of brevity as Baidyanath executed a mortgage in favour of Bihar State Financial Corporation in respect of the Foundry at jasidih including land, machinery, equipments, tools and all other assets to be acquired by Baidyanath with the said loan.
(3.)ON 24. 8. 59 Sri Hanuman Foundries Ltd. hereinafter referred to for the sake of brevity as 'hanuman' granted a lease for 30 years commencing from 1. 8. 59 of 5. 36 acres of land being a part of its factory premises of about 21. 65 acres at Baidyabati together with plants and machinery threat to Baidyanath Iron and Steel Co. Ltd at a rental of Rs 2,000/- per month.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.