Satya Brata Sinha,.J - (1.) . - This appeal is directed against an order dated 15th March, 1999 passed by a learned Single Judge of this Court whereby and whereunder the application filed by the appellant herein to appoint a Receiver was dismissed.
(2.) The suit was originally filed by one Dhirendra Nath Bhowmick. After the death of Dhirendra Nath, his widow and daughter had been substituted as the heirs and legal representatives of the deceased Dhirendra Nath. Allegedly, the plaintiffs held the controlling block of shares in The New Red Bank Tea Company Private Limited and Surendranagar Tea Estate Private Limited who had been added as respondent Nos. 6 and 7 to the application. The said company owned and possessed two tea estates known as the Red Bank Tea Estate and Surendranagar Tea Estate. United Bank of India was the sole Banker of the respondent Nos. 6 and 7 and title deeds of the aforementioned two estates were mortgaged with the said Bank. Another Tea Estate viz., Dharanipur Tea Estate was owned by original Plaintiff No. 1 whose title deeds were also deposited with the Banks for creating equitable mortgage.
(3.) The respondent No. 1 Sri Robin Paul is a nominee of the Respondent- Bank. According to the plaintiffs-appellants, the said Robin Paul colluded and conspired with others with a view to deprive the original plaintiffs of their controlling block of shares in favour of respondent Nos. 6 and 7 wherefor a purported transaction was entered into wherein despite the fact that no consideration was paid; a sum of Rs. 1,00,000/- was shown to be the consideration for transferring the controlling block of shares in respondent Nos. 6 and 7.;