Solicitor for the Affairs of His Majesty's Treasury v. Bankers Trust Co.

This is a motion pursuant to section 51-a of the Civil Practice Act for an order permitting the defendant to give notice of the pendency of this action to Margaret Louisa Maitland-Tennent, an adverse claimant. The action is brought under the provisions of the English Exchange Control Act of 1947 (10 & 11 Geo. 6, ch. 14) to recover the credit balance in Mrs. Maitland-Tennent’s account with the defendant bank.

Section 51-a provides that, under circumstances such as are here presented, the court “ must ” grant the order (subd. 2), and “ must ”, as a condition thereof, impose upon the defend*383ant…