GOURANGA BEHARI BASAK Vs. MANINDRA NATH DAS GUPTA

JUDGEMENT

(1.) It is unfortunate that the respondent has not appeared in this case but Dr. Pal who appears for the appellants, has put the case with great fairness before us. It appears that the appellants brought a suit for partnership and accounts on 22 September, 1921 against two other persons who have since been adjudicated insolvents. The suit was brought by the plaintiffs who were two brothers and their case was that there had already been accounts taken and a sum of Rupees 2,000 odd was found due from the defendants who have been declared insolvents subsequently. The defence of the defendants in that suit was the denial of the averment about the accounts taken. The parties went into an arbitration and an award was given. The award was against the defendants for a sum of Rs. 1,600 out of which they deposited Rs. 500 with a certain gentleman and offered to deposit Rs. 1,000 with the plaintiffs pleader Bhabani Gobinda Choudhury. An order was made by the Court in that suit on 27th September 1921 to the following effect: It is agreed by the parties that defendants should deposit Rs. 1,000 in cash by 29 September with Babu Bhabani Gobinda Choudhury, pleader for the plaintiffs, in part satisfaction of the money to which the plaintiffs may be entitled. If the defendants fail to make this deposit, order on the plaintiffs application for appointment of receiver will be passed on 29 September.

(2.) On 29 September the following order was made: The defendants have paid Rs. 1,000 to plaintiffs pleader Babu Bhabani Gobinda Choudhury.

(3.) On the 30 there is the further order: The plaintiffs prayer for payment of Rupees 1,000 deposited by defendants with Babu Bhabani Gobinda Chaudhury, pleader for the plaintiff, is considered. Defendants oppose the petition. I think that the money should be kept in deposit with Babu Bhabani Gobinda Choudhary until further orders. This order will not affect the plaintiffs right to interest to which they may be found entitled to.