Deven Chand Jain, son of Late Misrilall Jain v. State of Jharkhand, through the Secretary, Mines & Geology Department
2018-03-23
RAJESH SHANKAR
body2018
DigiLaw.ai
ORDER : The present writ petition has been filed primarily for issuance of direction upon the respondent no. 4 – Union Bank of India, Chaibasa Branch, Chaibasa to withdraw letter dated 02.11.2017 (being part of Annexure-10 series to the writ petition) including the purported decision contained therein. A further prayer has been made to permit the petitioners’ firm namely, Misrilall Jain & Sons to operate the bank account maintained with the respondent no. 4-Union Bank of India, Chaibasa Branch, Chaibasa. 2. The learned counsel for the petitioners submits that an objection was made by the respondent no. 5 before the respondent no. 4-Bank through his Advocate against movement/transfer of fund from the bank account of M/s Misrilall Jain & Sons till the dispute is finally adjudicated in Title Suit No. 12 of 2013 pending before the Civil Judge (Senior Division-1), Chaibasa. The respondent no. 4, taking note of the said objection of the respondent no. 5, vide impugned letter dated 02.11.2017 disallowed the operation of the bank account of M/s Misrilall Jain & Sons at the instance of the petitioners, particularly in absence of a joint common mandate of the legal heirs of the deceased partners/other partners and without any specific order by a court of law. 3. The learned counsel for the petitioners while referring to letter dated 10.02.2018 written by the respondent no. 5 to the respondent no. 4 (Annexure-IA/2 to the I.A. No. 2282 of 2018), submits that the respondent no. 5 has now requested the respondent no. 4 to release the amount of Rs. 20,86,51,050/- (Rupees Twenty crore eighty six lakh fifty one thousand and fifty), which is said to be the revised demand issued by the respondent no. 3 – the District Mining Officer, Mines & Geology Department, Chaibasa against M/s Misrilall Jain & Sons. It is further submitted that in view of the said letter dated 10.02.2018, the respondent no. 4 may be directed to release an amount of Rs. 20,86,51,050/- (Rupees Twenty crore eighty six lakh fifty one thousand and fifty) from the concerned bank account maintained by M/s Misrilall Jain & Sons in the bank. 4. The learned counsel for the respondent no. 5 confirms the fact regarding issuance of letter dated 10.02.2018 by the respondent no. 5 (Annexure-IA/2 to the I.A. No. 2282 of 2018). 5. Heard the learned counsel for the parties. The respondent no.
4. The learned counsel for the respondent no. 5 confirms the fact regarding issuance of letter dated 10.02.2018 by the respondent no. 5 (Annexure-IA/2 to the I.A. No. 2282 of 2018). 5. Heard the learned counsel for the parties. The respondent no. 5 vide his letter dated 10.02.2018, while referring to revised demand of Rs. 20,86,51,050/- (Rupees Twenty crore eighty six lakh fifty one thousand and fifty) issued by the respondent no. 3 – the District Mining Officer, Mines & Geology Department, Chaibasa, has requested the respondent no. 4 to release the said amount from the concerned bank account of M/s Misrilall Jain & Sons. On perusal of the said letter dated 10.02.2018, it further appears that so far as the balance amount in the said bank account is concerned, the respondent no. 5 has still insisted its earlier objection on any transfer or payment from the said bank account and has requested for keeping the balance amount in the said bank account blocked. 6. Considering the aforesaid facts, the respondent no. 4-Bank is directed to take suitable decision/steps with regard to the release of Rs. 20,86,51,050/- (Rupees Twenty crore eighty six lakh fifty one thousand and fifty) for payment of the said amount to meet the demand raised by the respondent no. 3 – the District Mining Officer, Mines & Geology Department, Chaibasa, keeping in view the contents of the letter dated 10.02.2018 written by the respondent no. 5. The said decision/steps must be taken by the respondent no. 5 within a period of one week from the date of receipt/production of a copy of this order. 7. The writ petition is disposed of with aforesaid observation and direction. I.A. No. 2282 of 2018 also stands disposed of.