J.K.Biswas, J. - (1.) This application (G.A. No. 4063 of 2003) has been taken out by the judgment-debtors in the execution application (G.A. No. 1254 of 2001); they were the defendants in Civil Suit No. 614 of 1999 filed in this Court by the decree-holder as plaintiff. In the Master's summons dated November 29th, 2003 connected with this application, the judgment-debtors have made the following prayers: - (a) Application being G.A. No. 1254 of 2001 in C.S. No. 614 of 1999 (M/s. Auto Trade & Finance Corporation v. Raj Kishore Sanganaria & Anr.) be dismissed. (b) Orders dated April 10, 2001 passed in G.A. No. 1254 of 2001, order dated July 24, 2003 and November 14, 2003 be recalled and the Receiver appointed over two flats being Flat D and Flat F situate in Block-B-2 at second floor Premises No. 106, Kiran Chandra Singha Road, Howrah-711 102, be forthwith discharged. (c) Stay of all proceedings in G.A. No. 1254 of 2001 and applications connected therewith in C.S. No. 614 of 1999 (M/s. Auto Trade & Finance Corporation v. Raj Kishore Sanganaria & Anr.). (d) An order directing the Receiver appointed by this Hon'ble Court in G.A. No. 1254 of 2001 and applications connected therewith in C.S. No. 614 of 1999 to forthwith handover possession of the two flats being flat No. D and flat No. F situate in Block-B-2, at second floor Premises No. 106, Kiran Chandra Singha Road, Shibpur, Howrah to defendants/judgment debtors. (e) Injunction restraining the plaintiff/decree holder and the Receiver appointed in G.A. No. 1254 of 2001 (M/s. Auto Trade & Finance Corporation v. Raj Kishore Sanganaria & Anr.) and each of them whether by themselves or their servants, agents and/or assigns or howsoever from giving any effect or further effect to and/or acting in terms of or pursuant to any of the orders dated April 10, 2001 or July 24, 2003, and November 14, 2003 by this Hon'ble Court in G.A. No. 1254 of 2001. (f) Injunction restraining the plaintiff/decree holder and the Receiver appointed in G.A. No. 1254 of 2001 (M/s. Auto Trade & Finance Corporation v. Raj Kishore Sanganaria & Anr.) and each of them whether by themselves or their servants, agents and/or assigns or howsoever from giving any effect or further effect to and/or acting in terms of or pursuant to the advertisement of sale of the two flats being Flat D and Flat F in Block-B-2, at second floor Premises No. 106, Kiran Chandra Singha Road, Shibpur, Howrah, published by the learned Receiver being annexure 'E' to the affidavit. (g) Ad-interim orders in terms of prayers above. (h) Cost of this application be borne by the plaintiff/decree holder. (i) Such other order or orders as this Hon'ble Court may deem fit and proper.?
(2.) Briefly stated, the facts leading to the filing of the present application by the judgment-debtors are these. On November 19th, 1999 the decree-holder, a sole proprietorship firm of Arjun Das Goyal & Sons, a Hindu-undivided family, filed Civil Suit No. 614 of 1999 in this Court against the judgment-debtors. It was filed for the following reliefs:- (a) A decree for Rs. 14,28,000/- (Rupees Fourteen lakhs twenty eight thousand) only from the defendants jointly and severally; (b) Interim interest and interest on judgment at the rate of 24% till the realisation of dues; (c) Declaration that the property mentioned in annexure ?B? herein to remain as security for repayment of the claim of the plaintiff; (d) A decree for sale of the property mentioned in the schedule being annexure ?B? to the plaint with direction or (sic) appropriation of the net proceeds thereof in protento satisfaction of the plaintiff's claim and dues in the suit; (e) An injunction be granted restraining the defendants their servants, agents and men from selling, disposing of or transferring or encumbering the said property; (f) Attachment; (g) Receiver; (h) Costs; (i) Such further and/or other relief or reliefs which the plaintiff is otherwise entitled both under the law and in equality.?
(3.) On December 10th, 1999 the judgment-debtors received a copy of the plaint together with a copy of an interlocutory application and its connected notice of motion. On August 31st, 2000 the suit was decreed ex parte for Rs. 14,28,000/- with interests at the rate of 6% per annum from the date of the decree until realisation. The judgment-debtors did not pay the money in terms of the decree. On March 26th, 2001 the decree-holder filed the execution application in this Court under Rule 10 of Chapter XVII of the Original Side Rules of this Court. The prayers made in it were as follows: (a) A Receiver be appointed in respect of the Flat D & F situated the second floor Block-B-2 of the Premises No. 106, Kiran Chandra Singha Road, P.S. Shibpur, Howrah-711102. (b) That the Receiver be directed to sell the Flat D & F type situated in the second floor Block-B-2 of the Premises No. 106, Kiran Chandra Singha Road, P.S. Shibpur, Howrah-711102, and the Receiver be directed to pay the claim of the plaintiff/decree holder along with the interest accrued thereon out of the sole (sic) proceeds in protanto satisfaction of the decree; (c) The Officer-in-Charge of the concern (sic) Police Station be directed to render all assistance to the Receiver, if necessary. (d) Such further order or orders and/or direction or directions be given as this Hon'ble Court may deem fit and proper.? ;