INSPECTOR GENERAL OF POLICE CABINET VIGILANCEDEPARTMENT GOVT OF BIHAR Vs. CENTRAL MANBHUM COAL CO PVT TLD
LAWS(CAL)-1983-2-10
HIGH COURT OF CALCUTTA
Decided on February 17,1983

INSPECTOR GENERAL OF POLICE CABINET VIGILANCEDEPARTMENT GOVT OF BIHAR Appellant
VERSUS
CENTRAL MANBHUM COAL CO PVT TLD Respondents

JUDGEMENT

- (1.) THIS is an application for further attachment of interest accruing on amounts of bank deposits to the tune of Rs. 1. 11 crores already attached arid a house property at 7, Queen's Park, Calcutta-19, in clarification or in furtherance of our earlier order of attachment dated September 15, 1982. The application is made on behalf of the State of Bihar by the Inspector general of Police, Cabinet (Vigilance )Department of the State Government
(2.) AN Investigation having been initiated against the opposite party Kesab Narayan banerji for having committed different offences including some specified in the schedule to the Criminal Law (Amendment) Ordinance 1944, in the matter of obtaining compensation money from the state of Bihar amounting to more than rs. 2 crores, the Inspector General of Police on January 22,1982, obtained from the learned District Judge, 24 Parganas an order of ad interim attachment under section 3 of the said Ordinance in respect of fixed deposit amounts of Rs. 1. 11 crores land premises No. 7, Queen's Park, Calcutta. That proceeding for attachment was, however, frustrated by Kesab Narayan Banerji in the manner indicated in our order dated september 15, 1982.
(3.) IN that background the inspector General of Police, as aforesaid filed a fresh application under section 3 of the Ordinance before the learned District Judge, 24 Parganas, which was dismissed on Augusts, 1982, in limine on the view that successive applications under section 3 of the Ordinance are not maintainable. . Feeling aggrieved the inspector General of Police filed an appeal before this court under section 11 of the Ordinance and in the said appeal the appellant filed an application for interim relief which being heard on contest was allowed by us on September 15, 1982. We allowed the said prayer for reasons given in the said order. In allowing the application we made an order of ad interim attachment of a sum of Rs. 1. 11 crores lying in fixed deposit accounts with the banks specified in pages 157 to 168 of the original application pending disposal of the appeal.;


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