- (1.) THIS appeal is directed against the judgment and decree dated April 22, 1993 passed by the Court of the first instance on the basis of admission contained tin the Balance Sheet of the company, being the first appellant.
(2.) SHORTLY stated the facts are that on or about 22nd September 1992 the instant suit was instituted by the respondent UCO Bank for various reliefs. In the said suit an interlocutory application was made, inter alia, praying for the following reliefs :- (a) Receiver be appointed over the suit properties mentioned in annexure 'k' to the plaint with direction to take possession and make inventory there of: (b) The Receiver be directed to sell the teas in stock and those that might be grown and processed and if necessary take the assistance of the respondents No. 2 and 3, and make over the net proceeds thereof to the petitioner; (c) The Receiver be directed to sell the other movable assets after advertisment and make over the net proceeds to the petitioner; (d) The Receiver be appointed to receive the compensation money payable by the Government of Assam and receivable by the first respondent for acquisition by or surrender to the State of Assam 12. 78 hectares of land of the first respondent being the mortgaged property and security of the petitioner- and the Receiver be directed to make over the realisation to the petitioner; (e) Injunction restraining the respondents, their agents and servants and assigns from depleting, dissipating, transferring, encumbering or dealing with the suit properties in any manner whatsoever including the compensation amount and the mortgaged properties without first paying the claims of the petitioner; (f) Ad-interim Orders in terms of the prayers made herein above ; (g) Judgment upon admission for Rs. 9,32,70,081/- with interest from march 31, 1990 till realisation at 19. 5 percent per annum; (h) Costs of this application in relation to the Receiver and realisation of securities be added to be claims of the petitioner. "
(3.) ON 22nd September 1932 an interim order. was made in terms of prayer (a) of the said interlocutory motion. However, on the returnable date. i. e. on 24th September 1992 the said interim order was modified by giving liberty to the first appellant to carry on the day-to-day business.;