BHARAT COKING COAL LTD. Vs. INDIAN NEWSPAPER SOCIETY

JUDGEMENT

(1.) Heard Mr. Abhishek Kumar, counsel appearing for the Appellant, and Mr. Pijush K. Roy, counsel appearing for Respondent No. 3 M/s. Ranchi Data System.

(2.) The Appellant filed a petition before the Jharkhand High Court under Articles 226 and 227 of the Constitution of India challenging the order dated August 08, 2003 issued by the Respondent No. 1 The Indian Newspaper Society, asking its members not to publish any advertisements on behalf of the Appellant. The Writ Petition came to be finally dismissed as not maintainable by order dated January 22, 2004. The High Court seems to have noticed that Respondent No. 1 was a society registered under the Societies Registration Act, 1860. It was not "State' or an agency or instrumentality of the 'State' against which a writ would issue. The High Court while dismissing the Writ Petition, made the following observations:

(3.) However, before the Writ Petition was eventually dismissed, some interim orders were passed staying the operation of the order dated August 08, 2003 passed by Respondent No. 1 Society. In the stay order, the Appellant was directed to deposit the disputed amount of 3,24,642/- with Respondent No. 1 with liberty that the amount could be paid to the claimant, Respondent No. 3. On the basis of the interim order, the Appellant deposited the aforesaid amount with Respondent No. 1 and it was given to Respondent No. 3. While dismissing the Writ Petition, the High Court did recall or modify the interim order passed earlier, but confirmed the deposit made by the Appellant and the payment of the money to Respondent No. 3.