SYED ABDUR RAHMAN Vs. TRIPURA MODERN BANK LIMITED (IN LIQUIDATION)

JUDGEMENT

(1.) THIS miscellaneous appeal is directed against an order of the Assistant District Judge, Cachar, rejecting the objection of the judgment -debtor with regard to the maintainability of the execution proceeding before the court.

(2.) THE facts material for decision in this case are as follows: The decree -holder is the Tripura Modern Bank Ltd. (in liquidation). The Calcutta High Court made an order under the provisions of the Banking Regulation Act, 1949 (Act X of 1949) (as amended), hereinafter called " the Banking Act ", and sent a precept under Section 46 of the Code of Civil Procedure to the District Judge, Silchar, in Matter No. 470 of 1955 in that court on the original side. That precept is dated 2nd June, 1967, and was received by the District Judge on 5th June, 1967, who forwarded the same to the Subordinate Judge, Cachar, for necessary action. The precept is in the following terms :

(3.) THE liquidator of the bank made an application in requisite form before the subordinate judge on 20th July, 1967, under Order XXI, Rule 11 Civil Procedure Code, for execution of the order of the Calcutta High Court in Matter No. 470 of 1955. On the same day, the decree -holder also made a simultaneous application for an order of attachment of the identical bill mentioned in the above precept of the judgment -debtor lying with the Executive Engineer, Investigation Branch, E. & D. Division. The court passed an order on the same day in the following words :