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1989 Supreme(SC) 393

SUPREME COURT OF INDIA 
M.M. DUTT, S.R. PANDIAN AND KULDIP SINGH, JJ.
Raneegunj Coal Association Ltd. and another, Petitioners
Versus
Union of India and others, Respondents
Civil Misc. Petn. No.17655 of 1988 in Writ Petn. (Civil) No.954 of 1977, D/- 8-8-1989.

Advocates:
AMAN VACHHER, Anip Sachthey, Atul Nanda, Badri Nath Babu, C.V.SUBBA RAO, D.N.Mishra, Dhruv Mehta, G.L.SANGHI, GIRISH CHANDRA, K.J.JOHN, R.F.NARIMAN, R.N.BANERJEE, R.N.SACH, S.K.MEHTA

Headnote:

Coking Coal Mines Nationalisation Act, 1972 – Section 22 – Coal Mines Nationalisation Laws Act, 1978 – Coal Mines Act, 1973 – Deposition of Debt -Amounts which have been recovered respondents from sundry debtors of petitioners towards realisation of these debts shall be deposited by respondents in Punjab National Bank Calcutta in cash credit account of petitioners amount will be kept and earmarked separately and shall not be withdrawn by petitioners nor adjusted by Bank as against amount due to Bank from petitioners until decision of writ petition event of respondents failing to make good their contention in regard amount due to petitioners from sundry debtors respondents shall pay to petitioners interest on amount to be deposited in Bank under this order with effect from today until disposal of writ petition – Held, No indication order amount should be deposited in an account other than a cash credit account contrary it was expressly directed that amount should be deposited in a cash credit account – Bank also understood that direction of Court was to deposit amount in cash credit account and, accordingly deposited same in such an account unable to accept contention made on behalf of respondents that although Bank understood sense of order of this Court that amount should be deposited in a savings account or any account other than cash credit account, it deliberately deposited same in a cash credit account – Bank, it appears to us acted in accordance with order of this Court and understood same in light of express direction made by this Court – Petition allowed.

JUDGMENT

 This Civil Miscellaneous Petition has been filed by the Punjab National Bank for direction.

2. A Writ Petition being Writ Petition (Civil) No. 404 of .1972 challenging the validity of the Coking Coal Mines Nationalisation Act, 1972 etc. was filed in this Court by the writ petitioners, Raneegunj Coal Association and another. In that Writ Petition, on July 6, 1973 the following order was passed by this Court:

"The amounts which have been recovered up to 31-3-1973 by the respondents from the. sundry debtors of the petitioners towards realisation of these debts shall be deposited by the respondents in the Punjab National Bank Calcutta in the cash credit account of the petitioners. This amount will be kept and earmarked separately and shall not be withdrawn by the petitioners nor adjusted by the Bank as against the amount due to the Bank from the petitioners, until the decision of the. writ petition. In the event of the respondents failing to make good their contention in regard to the amount due to the petitioners from the sundry debtors the respondents shall pay to the petitioners the interest on the amount to be deposited in the Bank under this order with effect from today until the disposal of the writ petition, Interest shall be payable at the rate at which the Bank will charge the same to the petitioners. The respondents shall give to the petitioners within four weeks from today a copy of the statement of accounts as required under S. 22(b). The audit shall not be completed or certified until such a statement is given to the petitioners. Copy of the order to be sent to the Punjab National Bank, Calcutta."

3. It is apparent from the order extracted above that the petitioners, Raneegunj Coal Association and another, had a cash credit account in the Punjab National Bank, Calcutta. Although the direction of this Court was that the amount should be deposited by the respondents in the Punjab National Bank, Calcutta, in the cash credit account of the petitioners, the Bank credited the amount being Rs. 10,12,778.87 in a separate cash credit account bearing No. 640 on September 5,1973.

4. The said Writ Petition No. 404 of 1972 was withdrawn and another writ petition was filed by the petitioners in this Court being Writ Petition No. 954 of 1977. The said Writ Petition along with a batch of other Writ Petitions was dismissed by this Court by its order dated September 18, 1986* upholding the constitutional validity of the Coking Coal Mines (Nationalisation) Act, 1972 and the Coal Mines (Nationalisation) Act, 1973 as amended by the Coal Mines Nationalisation Laws (Amendment) Act, 1978.

* Reported in 1986 (Supp) SCC 496.

5. It appears that after the disposal of the Writ Petition, this Court passed the following order on September 24, 1987 on the agreement of Bharat Coking Coal Ltd. and the Petitioners :-

"Punjab National Bank, Lyons Range Branch, Calcutta, is hereby directed to hand over to the Commissoner of Payment for Coking Coal Mines Camac Street, Calcutta, the sum of Rs. 10,12,778.87 (which was deposited in the cash receipt account of the petitioners on September 5, 1973, under the order dated July 6, 1973 of this Court) together with interest (calculated at the rate at which the Bank charged the same to the petitioners) from September 5, 1973 up to the date of payment to the Commissioner of Payment for Coking Coal Mines. The said Commissioner will make disbursement of the amount so received by him in accordance with the provisions of Coking Coal Mines (Nationalisation) Act, 1972."

6. By the said order dated September 24, 1987, this Court directed the Bank to hand over to the Commissioner of Payment for Coking Coal Mines, Camac Street, Calcutta, the said sum of Rs. 10, 12,778.87 together with interest from September 5, 1973 up to the date of payment at the rate at which the Bank charged the same to the petitioners.

7. At this stage, it may be mentioned that the Punjab National Bank was not a party in any of these Writ Petitions and








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