JAGDISH RAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) IT is apparent from the material obtaining on the file that petitioner herein furnished a bank guarantee in terms of the order passed by Hon'ble Mr. Justice R.L. Anand on 8.5.2000 in FAO 1248 of 2000. That FAO has since been disposed of. A plea raised by the petitioner for the release of the bank guarantee was disposed of by the learned Addl. Civil Judge (Senior Division) Amritsar, by ordering that bank guarantee shall be released subject to "furnishing of surety bond in the court to meet the claim of any original owner later on appeared."

(2.) THE impugned order cannot be upheld for the simple reason that the bank guarantee had been directed to be furnished till such time the relevant matter pending in this Court was disposed of. The retention of that bank guarantee cannot be validly ordered in anticipation of any further appeal which may be come to be filed by the affected party.