Supreme Court of India · 1975-08-20
HOWRAH INSURANCE CO. LTD vs SOCHINDRA MOHAN DAS GUPTA
- Citation / case number
- SC 1971/60381
- Court
- Supreme Court of India
- Petitioner
- HOWRAH INSURANCE CO. LTD
- Respondent
- SOCHINDRA MOHAN DAS GUPTA
- Author
- Y.V. CHANDRACHUD
- Bench
- Y.V. CHANDRACHUD
Judgment text excerpt
The Supreme Court upheld the decision of the Subordinate Judge to enforce a surety bond executed by the appellant, ruling that the Subordinate Judge was a successor for the purposes of the proceedings under the Tripura (Courts) Order of 1950. The Court clarified that under Section 150 of the CPC, the Subordinate Judge had the authority to enforce the bond, and the appellant was liable for damages incurred due to the Receiver's default as per Section 145(c) of the CPC. The appeal was dismissed, affirming the recovery of damages awarded to the respondent.