JUDGEMENT
P.B.Mukharji, J. -
(1.) This is a suit instituted by the Calcutta National Bank Limited as early as 19-8-1949 claiming a decree for Rs. 6,04,513-10-5 and a charge for the same amount under a hypothecation deed. Since the institution of the suit the plain-tiff Bank has gone into liquidation. The order winding up the plaintiff Bank was made on 2-12-1952. The written statement of the defendant had been filed before that order of winding up. In fact the written statement was filed on 21-9-1949.
(2.) On behalf of the plaintiff bank now in liquidation Kanak Nath Bhattacharjee and Bimal Chandra Majumdar have given evidence. No one oil behalf of the defendant or the defendant himself has given evidence.
(3.) Kanak Nath Bhattacharjee on behalf of the plaintiff Bank has proved the hypothecation deed dated 10-1-1943 executed by the defendant company in favour of the plaintiff Bank. In fact Kanak Nath Bhattacharjee was an attesting witness to the deed. He also proved a copy of the statement of account, 1948-49, a copy of which has been annexed to the plaint. This account is certified by the then Manager of the plaintiff Bank Bimal Chandra Majumdar. The evidence of Kanak Nath Bhattacharjee also shows that the total amount now due to the plaintiff bank by the defendant is Rs. 8,00,040-0-10 after giving credit for two sums of about Rs. 4000/- and about Rs. 1,00,000/- received since the Institution of the suit.;
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