Hazra, J. - (1.) THIS appeal has been preferred by Haridas G. Mundhra (shortly called 'Haridas Mundhra') against the order of adjudication made by Ajoy K. Basu, J. on 6-3-1973 in an insolvency petition presented by his creditors.
(2.) ON June 19, 1959, a decree was passed by the Bombay High Court in Suit No. 1182 of 1954 in favour of Bai Kamla Bai, Mahabir Prasad Juthalal, Shyara Sundar Juthalal and Kailash Pat alias Arun Kumar Juthalal against Haridas Mundhra for the sura of Rs. 5,09715,98 P. and interest on the principal sum of Rs. 3,50,000/- at the rate of 4 per cent. per annum and costs. The decree-holders and/or the heirs of the decree-holders transmitted the said decree to this Court for execution. By an order dated March 17, 1960 passed in Suit No. 610 of 1958 In Brahmaputra Tea Co. v. S. B. Industries Development Co. Ltd. and Haridas Mundhra, this Court appointed Mr. S.K. Acharyya, Bar-rister-at-Law as Receiver over 2005 ordinary shares of Haridas Mundhra with directions to collect the said dividend in respect of such shares. The said Receiver took possession of the said 2005 shares and collected diverse sums of money declared as dividend on the said shares and also the bonus shares issued in respect of the said shares.
(3.) ON an application of the decree-holders, R.M. Datta, J. by an order dated January 27, 1971 granted leave to the decree-holders to attach and otherwise proceed against all moneys lying in the hands of S.K. Acharyya, as Receiver to the extent of the decretal amount mentiond in the decree passed by the Bombay High Court.;