Shyamal Kumar Sen, J. - (1.) This in an application for recalling of the decree passed by toe on 23rd August, 1991. It was recorded that the applicant filed a suit being Suit No. 536 of 1985 claiming a decree for Rs. 1,05,165.16p a sum of Rs. 74.793/- being the principal and a sum of Rs. 30,371/- being the interest).
(2.) On 14th March, 1986 an order was passed by me to the following effect:- 'This is an application for appointment of Receiver on usual Bank's claim. According to the plaintiff bank, the plaintiff is entitled to claim a sum of Rs. 1,05 165.16p. (a sum of Rs. 74,783/- being the principal amount and a sum of Rs. 30,371/- being the interest). Mr. P. K. Das, learned Counsel appearing for the defendant No. 1 submits that it appears from the Statement of Account being Annexure 'B' to the petition that the entire principal amount has been paid off. Learned Counsel appearing for the Bank cannot dispute the same. In that view of the matter, the claim of the plaintiff-bank remains only the amount, of interest being Rs. 30,000/-. Mr. Das's client is hereby directed to pay the said amount of Rs. 30,000/- by equal instalment of Rs. 2,250/- per month beginning from 30th April, 1986. The first of such instalment is to be paid by 30th April, 1986, and will go on paying subsequent instalments on or before the last day of each and every succeeding month until the entire sum of Rs. 30,000/- is paid off to the Bank. The said amount will be paid to the Bank directly. In default of payment of the first instalment or any two subsequent instalments, the Receiver already appointed herein, will be entitled to take possession of the vehicle forthwith. This order is made without prejudice to the rights and contentions of the parties. The defendant No. 1 states that the vehicle is in rond worthy condition subject to usual wear and tear. Liberty to apply. Costs of this application to be added to the claim of the plaintiff-bank. Learned Advocate for the plaintiff is not disputing with regard to the Statement of Account being Annexure 'C' to the petition. The defendant No. 1 will file its written statement by 18th April, 1986. Cross order for discovery within a fortnight thereafter, Inspection forthwith thereafter and the suit will appear in the appropriate prospective list six (6) weeks hence. Receiver and all parties to act on a signed copy of the minutes of this order on usual undertaking."
(3.) An application was made thereafter by the defendant No. 1 for recording satisfaction of the claim of the plaintiff bank on the basis that the defendant No 1 has already paid the balance sum of Rs. 30,000/- being the interest amount payable in terms of the said order dated March 14, 1986 and for direction upon the plaintiff bank to issue no objection certificate in respect of Motor Vehicle No. WMK. 3764 in favour of the defendant No 1 for the purpose of recording the name of the defendant No 1 as owner of the said vehicle. Certain suggestions were made to the learned Advocate for the plaintiff-bank to accept payment on the basis of the submissions that the entire principal amount has already been paid and the learned Advocate for the plaintiff bank, who appeared, did not really object to such suggestion. The suit was accordingly treated in the day's list and the following direction was passed "It is directed that the defendant No. 1 will pay the sum of Rs. 12,000/- in four equal monthly instalments beginning from September 1991. Such instalment will be paid on the last day of each and every month. In default of payment of any of the monthly instalment the plaintiff will be entitled to execute the decree and upon payment of the said amount of Rs. 12,000/- the decree will stand satisfied Upon payment of the last instalment the plaintiff back will issue no objection certificate and comply with other formalities for cancellation of the hypothecation deed and the defendant will stand discharged. The vehicle in the suit will stand charged for payment of the decretal amount, in the meantime. Decree to be drawn up expeditiously.";