Nabaghan Malla & Ors. Vs. Brundaban Malla
EmailAppeal: SLP(Crl.) No.(S) 2571 of 1987
From the Judgment and order dated 25-9-1987 of the High Court of Orissa.
From the Judgment and order dated 25-9-1987 of the High Court of Orissa.
Petitioner: Nabaghan Malla & Ors.
Respondent: Brundaban Malla
Apeal: SLP(Crl.) No.(S) 2571 of 1987
From the Judgment and order dated 25-9-1987 of the High Court of Orissa.
From the Judgment and order dated 25-9-1987 of the High Court of Orissa.
Judges: R.S. PATHAK,CJI, S. NATARAJAN & M.N. VENKATACHALIAH, JJ.
Date of Judgment: Jan 04, 1988
Appearances:
Vinoo Bhagat for the Petitioner.
J.R. Dass, Adv. for the Respondent.
Head Note:
PRACTICE AND PROCEDURE
Interim arrangement – Suit filed by the bank – Petitioner to hand over the trawler to the Subordinate Judge – Parties to bid for auction to be arranged for the occupation and use of the trawler on yearly basis – Arrangement to continue during the pendency of suit – Amount so deposited to be paid to the bank.
JUDGEMENT:
O R D E R
1. We direct that possession of trawler shall be handed over by the petitioner to the Court of the Subordinate Judge, Puri, within three weeks from to-day and the trawler shall thereafter be retained in the custody of that Court. Upon such possession being given to it, the Court will arrange an auction inviting the parties to bid for the occupation and use of the trawler for one year. Before the expiry of that period of one year, the parties will be entitled to make fresh bids for the occupation and use of the trawler for the following year. This arrangement will continue during the pendency of the Suit filed by the bank. The amounts so deposited shall be paid to the bank as and when realised.
2. The Special Leave Petition is disposed of accordingly.
1. We direct that possession of trawler shall be handed over by the petitioner to the Court of the Subordinate Judge, Puri, within three weeks from to-day and the trawler shall thereafter be retained in the custody of that Court. Upon such possession being given to it, the Court will arrange an auction inviting the parties to bid for the occupation and use of the trawler for one year. Before the expiry of that period of one year, the parties will be entitled to make fresh bids for the occupation and use of the trawler for the following year. This arrangement will continue during the pendency of the Suit filed by the bank. The amounts so deposited shall be paid to the bank as and when realised.
2. The Special Leave Petition is disposed of accordingly.
