UNITED BANK OF INDIA Vs. DROLIA MINERAL INDUSTRIES

JUDGEMENT

(1.) Heard Mr, M. Y. Eqbal on behalf of the appellant and Mr, Marathia on behalf of the Respondents on the petition at flag -A'.

(2.) United Bank of India, the appellant has filed this application with a prayer to stay the operative portion of the order dated 10-4-1995 passed by the Subordinate Judge No.l , Bokaro at Chas in Money Suit No. 7/91.

(3.) The facts of the case lie in a narrow compass : This first Appeal is directed against the order dated 10-4-1995 passed by the learned Court below dismissing the suit holding that the same was barred by limitation. Relief in the suit claimed was for realisation of Rs 21,51,786.39 paise against the defendants. It further appears that reason for filing of the suit was that this Court by order dated 7-5-1987 passed in Cr. Misc No "724/87 while granting anticipatory bail to the respondent directed him to furnish Indira Vikas Patra before the Certificate Officer. The total value of the said Indira Vikas Patra was rupees three lacs. This Court further directed that the said amount shall remain in the custody of the Certificate Officer, Bokaro subject to final result of the certificate case from the highest Court, When the certificate case was disposed of in favour of the respondents, the appeal against the order of the Certificate Officer preferred by the appellant also failed, the respondents have moved this Court in CWJC No. 3261/93 (R) for a direction to the Certificate Officer to return the said Indira Vikas Patra. A Bench of this Court by its order dated 13-1-1994 taking note of the fact that the Bank had already filed Money suit for realisation of the said amount, observed that merely because the said suit had been filed, in absence of any order of the Subordinate Judge, the Indira Vikas Patra deposited by the petitioner/respondent cannot be withheld. It was further observed that so long as the order is not passed by the Civil Court, the Bank cannot object to the withdrawal of the Indira Uikas Patra by the Respondent (petitioner in CWJC No, 2368/93 R-from the office of the Certificate Officer. After the filing of the suit the appellane-Bank filed an application before the Court below for restraining the defendants-respondents from withdrawing the said Indira Vikas Patra from the cestificate officer. Interim order was passed and the respondent was noticed. However, after preliminary hearing regarding maintainability of the suit, the learned Court below by the impugned order dismissed the suit, as aforesaid. The operative portion of the said order of the Court below reads as follows :