MOHAN LAL GUPTA Vs. BOKARO STEEL LTD

JUDGEMENT

(1.) THE petitioner, by the instant writ petition has approached this Court with a serious grievance that because of the pendency of Money Suit No. 19 of 1978 in the Court of Subordinate Judge -I, Bokaro, Chas, the substantial amount attached in the said suit together with the security deposit has been withheld and the same has not been released.

(2.) IT appears that in the aforementioned Money Suit No. 19 of 1978, an interlocutory order was passed by the Court below which was challenged before the Patna High Court, Ranchi Bench in Misc. Appeal No. 103 of 1980(R). In the said appeal, Lower Court record was called for and the same was sent by the Subordinate Judge, Dhanbad to this Court on 29.7.1981. The aforesaid Misc. Appeal No. 103 of 1980(R) was disposed of on 30.8.1989 and the Lower Court record of Money Suit No. 19 of 1978 was sent to the Court of Subordinate Judge -II, Dhanbad in 1989 and the same was received at Dhanbad. On 2.1.1990, as per order of the District Judge, Dhanbad, the suit was withdrawn from the Court of Subordinate Judge -II, Dhanbad and transferred to the Court of Subordinate Judge, Chas for disposal. The supplementary record of Money Suit No. 19 of 1978 was received in the Court of Subordinate Judge, Chas, Bokaro.

(3.) WHEN this writ petition was taken up on 17.2.2005, this Court called the Joint Registrar (Judicial) and directed him to report about the whereabouts of the record of the suit. The Joint Registrar submitted the following report on the same day : - -