Salil K.Roy Chowdhury, J. - (1.) This is a rule for contempt issued by me suo motu for publishing a printed notice to prevent the sale directed to be held in court on the 21st of July, 1978, at 2 p.m. The said publication is as follows : ", Purchasers-Beware This is to inform the intending purchasers of ' the Kotrang properties ' which have been notified for public auction on the 21st of July, 1978, at the Hon'ble High Court at Calcutta that a suit being Suit No, 300 of 1978 has been filed by me in the High Court at Calcutta disputing the title of Nath Bank Limited (in liquidation) in the said ' Kotrang Properties ' and claiming inter alia that the said properties are subject to a registered mortgage executed by the legal owner in favour of myself. Dated 21st July, 1978. Gourdeb Mukherjee 4, Commercial Building, Calcutta-700001. "
(2.) It appears that the contemner, Gourdeb Mukherjee, is alleging that a registered mortgage dated the 7th of August, 1953, created in his favour by the then owner of the premises known as Kotrang Properties, Uttarpara, was purchased by the bank in public auction in execution of the decree against the judgement-debtor. It appears that the judgment debtor and his heirs and legal representatives and also other alleged lessees and benamidars tried to prevent the court liquidator representing the said decree-holder, Nath Bank Ltd. (in liquidation), to take possession and to sell the said property. The records of the said proceedings will reveal the resistance and obstruction and various frivolous litigations and proceedings taken by the judgment-debtor, his heirs and legal representatives. Ultimately, the sale was fixed to be on the 21st of July, 1978. It also appears that previously the official liquidator made several attempts to sell the said property by public auction but he received letters from the said contemner, Gourdeb Mukherjee, asking that the sale should not be held free from encumbrances and the purchasers should be intimated about his alleged mortgage on the said properties. It appears from the past conduct of the contemner, Gourdeb Mukherjee, that he had the real intention to prevent the court liquidator from selling the said properties. He never took positive steps for enforcement of his alleged mortgage earlier than May, 1978, when he filed a suit in this court with the leave of the court and made an application, inter alia, for stay of the sale of the said premises alleged to be mortgaged to the said Gourdeb Mukherjee. Previously it appears that the said Gourdeb Mukherjee caused a public notification to be issued in the Statesman on the 21st of December, 1977, which is as follows :
(3.) Public Notification " It is hereby notified for information of the intending auction purchasers that the house property at municipal holding No. 9 (near Hind Motor Station), P. S. Uttarpara, Dist. Hooghly, which will be sold by public auction on Thursday, the 22nd December, 1977, at 2. p. m. whatever there is basis, stands mortgaged to my client Shri Gourdeb Mukherjee of No. 4, Commercial Building, Calcutta, vide deed of mortgage dated 7th August, 1953, registered in the Office of the Registrar of Assurance, Calcutta in Book No. 2, Volume 85, Pages 42 to 46 being No. 2886 for the year 1953. Dated the 20th December, 1977. Ashok Kumar Dutta Solicitor & Advocate 5. K.S. Roy Road Calcutta-2 ";