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1983 Supreme(All) 320

R.C.DEO SHARMA
Union Of India Through The Chairman Railway Board, New Delhi – Appellant
Versus
Jaiswal Coal Co. – Respondent


Advocates appeared:
Arjun Bhargava, R.N.Gupta

JUDGMENT

R.C. DEO SHARMA, J.

1. THIS is a judgment debtor's revision petition against the order dated 1-10-1983 passed by the learned Civil Judge, Lucknow in execution proceedings. It will appear that M/s. Jaiswal Coal Co. obtained a decree against the Union of India relating to a railway claim. The decree was under execution. Certain conditional stay order was passed by this Court requiring the judgment debtor to furnish security within a fixed period but the same was not furnished and accordingly the stay order was vacated. The learned Civil Judge, thereafter on the application of the decree holder directed, by the impugned order that the State Bank of India, with whom the account of the Central Government operated by the Senior Divisional Accounts Officer, Northern Railway was maintained, should credit the decretal amount to the account of the decree holder by debitting an equal amount to the account of the Central Government. The revision petition has been directed against this order and it has been contended that the order passed by the court blow is without jurisdiction inasmuch as no such order could have been passed without a formal order of attachment having first been made


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