JUGAL KISHORE JAISWAL Vs. PRADIP GUPTA

JUDGEMENT

(1.) The State of Bihar (hereinafter referred to as 'the petitioner' has made this application for an order, inter alia, that the receiver appointed in the above Special Suit be directed not to work the coal mines named 'Khas Rudi Badam Colliery' situated in district of Hazaribag. There are other prayers in the said application which are set out hereinafter. The facts hading to the making of this application may briefly be stated.

(2.) Jugal Kishore Jaiswal (who is hereinafter referred to as 'Jaiswal') the respondent in this application as plaintiff filed the above Special Suit No. 59 of 1978 against the other respondent Pradip Gupta for filing of the arbitration agreement contained in the Deed of Partnership dated June 25, 1977, ordered into between Jaiswal and Gupta to carry on partnership business under the name and style of 'Khas Rudi Badam Colliery', which according to Jaiswal was dissolved by him by a notice in writing. In the said suit on the application of Jaiswal made under section 41 of the Arbitration Act, 1940 by an order made by the consent of the parties to the said proceeding Jaiswal was appointed as the Receiver over and in rasped of all businesses carried on under the said partnership deed and he was directed as Receiver to take possession of Rudi Badam Colliery (hereinafter referred to as "the said Colliery") situate at village Rudi, Badam, Condalpara, Rautpara, Kutulua, like, Lakura, Chandaul and Pundaul, P.S.B. Barkagaon in the district of Hazaribag, Bihar. Thereafter on Aug. 7, 1978 an order was passed directing the Receiver to file necessary returns and applications to the various Authorities as mentioned in the said order and that the said authority would be entitled to give all assistance and protection to the Receiver in the matter of getting requisite explosives, sales-tax permit for transport of coal and in working of the Colliery and to raise, dispatch and sell coal. By another order made by consent of the parties to the said suit (i.e. Jaiswal and Gupta) on Aug. 8, 1978 liberty was given to the Receiver to carry on the business of the said Colliery and various authorities as mentioned in the said order were directed to give assistance and protection to the Receiver for the purpose of carrying on the said business end the working of the said Colliery. It appears that pursuant to the above orders the Receiver took steps for the working of the Colliery and for that matter obtained necessary certificates and/or permissions from different Authorities under the Stale of Bihar. Thereafter, upon mentioning of the matter on behalf of the State of Bihar an order was passed by Sabyasachi Mukherji, J. on Nov., 17, 1978 to the effect that apart from the appointment of the Receiver the rest of orders previously passed directing the Receiver to carry on mining operation as also to seek and obtain assistance of the appropriate Government officials for that purpose would be stayed for a period of fortnight from that date and the State of Bihar was given liberty to make an appropriate application upon notice to all parties within the said period. Thereafter, on an application of the State of Bihar an order was made by Sibyasachi Mukharji, J. on Feb. 26, 1979 whereby the orders dated 4th, 7th and 9th Aug. 1978 were recalled and the Receiver was discharged subject to filing of accounts. Against the laid order dated 26th Feb. 1979 Jaiswal made an application for special leave to appeal to the Honourable Supreme Court of India. the said application was contested by the State of Bihar. The Supreme Court by its order dated Aug. 13, 1979 recalled the said order dated Feb. 26, 1979 and gave 1 various directions as will appear from the order. The relevant portion of the Supreme Court's order is set out hereunder:

(3.) Thereafter, the State of Bihar hae made the instant application praying that:-