- (1.) ON 2nd January, 1957 the plaintiff respondents had instituted O. C. Suit No. 2 of 1957 in the subordinate Judge's Court, Asansol against the defendant appellant, Lodna Colliery company (1920) Ltd. , inter-alia, for preliminary decrees directing the defendant to render accounts of coals raised and cokes manufactured from the properties described in the Schedules A and B of the plaint during the period September, 1942 to October, 1956 and other dues in terms of the two leases of rents, royalties, price of fuel, coal interest and other dues in terms of the two lease dated 26th October, 1911 and 19th June, 1913. The plaintiffs also prayed for declaring first charge on the said two properties in Schedules 'a' and 'b' together with all machineries, buildings, structures, tools, plants, stock of coal, all movable and immovable properties standing thereon for the amounts that would be found due to the plaintiffs. If the defendant failed and neglected to render accounts, the plaintiffs prayed that a Commissioner be appointed for taking aforesaid accounts and thereafter for passing two separate final charge decrees for the amounts that would be found due to the plaintiffs against the properties mentioned In Schedules 'a' and 'b' respectively.
(2.) THE defendant company had contested the said suit. The defendant had, inter-alia contended that the plaintiffs who were auction purchasers of the interests of their original lessors, were not entitled to change decrees and that the plaintiff's claims were partly barred by limitation. The said suit was subsequently renumbered as Title Suit no. 15 of 1961/2 of 1957 of the Additional Court of the Subordinate Judge, Asansol.
(3.) ON 22nd June, 1962, the learned additional Subordinate Judge, Asansol decreed the said suit with costs in preliminary form. The learned Additional Subordinate Judge ordered the defendant to render accounts as prayed for during the period in suit. The learned Additional subordinate Judge further ordered that the suit properties together with all machineries, buildings, structures, tools, plants etc. would remain charged for the amount that would be found due to the plaintiffs. The plaintiffs were also granted interest pendente lite at the stipulated rate. The defendant company being aggrieved, by the said judgment and 15 Of 1961 decree passed in T. S. No. 15 of 1961/2 of 1957 preferred the instant first appeal. On the prayer of the defendant appellant, C. R. No. 4880 (F)of 1962 was issued upon the plaintiff respondents to show cause why pending the disposal of the said first appeal, the further proceedings in the trial court shall not remain stayed. On 4th July, 1964 a Division Bench disposed of the said Rule and had directed expeditious hearing of the appeal.;