SHEW KUMAR NOPANY Vs. GRINDLAYS BANK LTD

JUDGEMENT

(1.) A decree was passed in Suit No. 775 of 1980 in favour of the plaintiff, Grindlays Bank Ltd. on the 2nd March, 1981 for Rs.36,02,511.67 P. with interest at the rate of 15% per annum from the 1st August, 1980 till realisation against the defendants Ramacast Limited, a limited company, Shew Prosad Nopany and Bimal Kumar Nopany, two Directors of the company, in their capacity as guarantors.

(2.) On an application of the plaintiff, the said decree was transmitted to the District Court, Alipore for execution in respect of a property belonging to Shew Prosad Nopany, the defendant No.2 situated within the jurisdiction of the said District Court. The said execution proceeding is still pending. On the 28th February, 1984 the plaintiff after the transmission of the said decree filed another Tabular Statement in this Court praying for examination of Shew Prosad Nopany and Bimal Kumar Nopany two of the judgment-debtors in this Court under Order 21, Rule 41 of the Code of Civil Procedure.

(3.) The said application was opposed and was ultimately disposed of by a judgment and order dated the 12th September, 1984. The prayer of the plaintiff for examination of the judgment-debtors was allowed. The present appeal is against the said judgment and order.