SOUMEN SEN,J. - (1.) The Court : This is an application by one Satnam Infrastructure Private Limited for leave to be examined pro interresse suo in respect of its right, title and interest in relation to the property at 10, Jessore Road, Kolkata-700028.
(2.) This application appears to have been filed in view of an order passed on 1st August, 2002 in an execution application in relation to execution of a decree passed by the District Judge, Dhur appointing Mr. Shyamal Sanyal, Advocate, as Receiver for ascertaining whether the property mentioned in the affidavit filed in support of the tabular statement belonged to the judgment-debtor no. 1 and, if so, to take symbolic possession thereof.
(3.) This matter has a chequered history. The judgment-debtor no. 1 was a guarantor in a recovery proceeding initiated by the State Bank of India initially before the Debts Recovery Tribunal, Patna which has since been transferred to the Debts Recovery Tribunal-II at Calcutta. In the said proceeding, a Receiver was appointed on 20th February, 2002 and thereafter numerous orders were passed which, inter alia, include a direction upon the Receiver to sell the property in question. Difficulty arose when the decree-holder in this proceeding, presumably without notice of such proceeding and the series of orders preceding 1st August, 2002, approached this Court for execution of a decree for a sum of Rs. 14 lakhs approximately by attachment and sale of several properties which include the property being subject matter of the present proceeding. Notwithstanding the embargo created upon the Court by reason of introduction of Section 39(4) of the Code of Civil Procedure, an order was passed appointing a Receiver only for the limited purpose of ascertaining whether the subject matter belonged to G.R.;