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1995 Supreme(Pat) 272

S.K.CHATTOPADHYAYA
United Bank Of India – Appellant
Versus
Drolia Mineral Industries – Respondent


Judgment

S.K.Chattopadhyaya, J.

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. 1 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. 734/87 while granting anticipatqry 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 t





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