- (1.) 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 This amount will be kept and earmarked separately and shall not be withdrawn by the petitioners nor adjusted by the Bank as against the amount due to the Bank from the petitioners, until the decision of the.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;