Guwahati Court January 1972 Judgments

Syed Abdur Rahman Vs. Tripura Modern Bank Limited (In Liquidation)

Court: Guwahati

GOSWAMI, C.J. 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 :' Whereas by an order of this court made in this suit and dated the 30th day of May, 1...