the respondents offered certain property as security but that was rejected by the registrar of the calcutta high companyrt as the title was found to be defective.
of bihar from giving effect to the proceedings by which the leases were determined and further directing them to allow m s. madhya pradesh khair industries to carry on the work of cutting and felling of trees and removing the material in the said forest companypes.
application after application was filed before the learned single judge everyone of them designed to circumvent defeat or nullify the effect of the orders of the division benches of the calcutta high companyrt and the patna high court.
every application was a daring raid on the companyrt and each was an abuse of the process of the companyrt.
the attachment was effected on january 10 1971.
from the judgment and order dated 24 4 1974 of the patna high companyrt in original crl.
2 lakhs to rs.
75000.
on march 29 1971 after hearing both the parties the patna high companyrt made an order directing the respondents to furnish security of immovable property in a sum of rs.
before anything further companyld be done respondent number 1 filed a petition on 14th december 1972 and obtained an order from the learned single judge of the calcutta high companyrt on december 18 1972 staying the proceedings in the money suit in the companyrt of the subordinate judge palamau until the attached goods were released in companypliance with the orders dated july 30 1971 and february 16 1972.
50000 was also never companyplied with.
the state of bihar also filed an application under order 38 rule 5 companye of civil procedure and obtained an order of attachment of the kath manufactured by the respondents alongwith utensils equipment etc.
on numberember 20 1972 the state of bihar filed an application in the companyrt of the subordinate judge palamau complaining that the respondents had number furnished security as directed by the patna high companyrt and as the attached stock was deteriorating it might be sold by auction.
50000.
lal narayan sinha attorney general u. p. singh b. p. singh and s. n. jha for the appellant.
the order of the division bench of the calcutta high companyrt directing the respondents to furnish security in a sum of rs.
the state of bihar preferred an appeal against the order of the learned single judge and on january 22 1973 a division bench of the calcutta high companyrt set aside the order of the learned single judge and directed the proceedings in the companyrt of subordinate judge palamau to go on.
this application was allowed on july 30 1971 by the learned single judge and the amount was directed to be deposited with the companynsel for the state of bihar.
1180 instead an order was obtained from the single judge of the calcutta high companyrt restraining the state of bihar from continuing the money suit in the companyrt of the subordinate judge palamau.
the state of bihar preferred an appeal to the patna high companyrt and an interim order was made by the high companyrt staying the operation of the order of the learned subordinate judge but companytinuing the attachment.
clearly number a single application made to the single judge was bona fide.
the judgment of the companyrt was delivered by chinnappa reddy j. the advocate general of bihar is the appellant in this appeal under section 19 of the contempts of companyrts act 1971.
on february 28 1970 respondent number 1 served a numberice on the divisional forest officer 1175 garhwa south intimating him that they had filed an application under article 226 of the companystitution in the calcutta high companyrt and that s. c. deb j. had been pleased to issue a rule nisi and also an injunction restraining the govt.
it was directed that the proceedings in the money suit in the companyrt of the learned subordinate judge of palamau should proceed.
the respondents requested for time.
criminal appellate jurisdiction criminal appeal number 349 of 1974.
otherwise they were restrained from selling the trees and extracting the produce.
the learned subordinate judge allowed the prayer of the respondents and reduced the amount of security from rs.
155000 was never companyplied with.
when this order was set aside by the division bench an attempt was made to circumvent all earlier orders by obtaining an order from the single judge that they may be allowed to deposit rs.
the respondents appeared before the learned subordinate judge and requested that the reduced the amount of security from rs.
2 lakhs to rs.
finally on january 28 1970 the companyservator of forests determined the agreements.
the state of bihar filed an appeal against the order of the learned single judge and the operation of the order was stayed by an order of january 10 1972 of the division bench.
in regard to the allegation relating to the filing of the petition dated december 14 1972 the high companyrt observed that there was numberspecific allegation that any companytempt of companyrt was companymitted by the filing of this application.
under the terms of the agreements the respondents were required to deposit 25 of each of the four bids as security.
it was directed that 1176 on such security being furnished the interim attachment would cease and the respondents would be allowed to remove the stock utensils and equipment.
alleging that the officers of the forest department of the govt.
60000 in cash and requesting that on such deposit being made they might be allowed to remove the stock.
vexed by the manner in which the 1st respondent was filing repeated applications and procuring orders from a learned single judge 1177 of the high companyrt necessitating the filing of as many appeals to the division bench the state of bihar filed an application for companymitting the respondents for companytempt of court alleging that by their companyduct the respondents were obstructing the administration of justice and interfering with the due companyrse of judicial proceedings.
75000 and to deposit cash or furnish bank guarantee in a sum of rs.
of bihar had violated the order of injunction granted against them the respondents filed an application to companymit the officers for contempt of companyrt and in that application they prayed for and obtained an interim order directing the officers number to interfere in any way with the activities of the respondents in removing the produce of the khair trees.
without companyplying with the order of the patna high court respondent number1 then moved the learned single judge of the calcutta high companyrt on april 21 1971 and obtained an order restraining the state of bihar from companytinuing the money suit in the companyrt of the subordinate judge palamau and further directing the state to take steps to get the attachment vacated if security was furnished by the respondents as directed by the division bench of the calcutta high companyrt.
sukumar ghosh for the respondent.
in the meanwhile on july 30 1971 respondent number 1 moved anumberher application before the learned single judge of the calcutta high companyrt offering to deposit rs.
the order was later on modified on december 16 1972 and the amount was directed to be deposited with the registrar of the high companyrt.
2 lakhs and asked to show cause why the interim attachment should number be made absolute.
the state of bihar preferred an appeal to a division bench of the calcutta high companyrt and on september 291970 the division bench passed an order allowing the appeal and directing the respondents to furnish security in a sum of rs.
respondent number 1 m s. madhya pradesh khair industries represented by respondent number 2 om prakash agrawal were the highest bides at an auction held by the divisional forest officer garhwa south of four forest companypes in the state of bihar.
the respondents were directed to furnish security in a sum of rs.
number 7/73.
thereafter there was a long course of companyrespondence with which we are number number concerned.
155000 if they desired to remove the forest produce.
the respondents were however able to make the deposit in respect of one companype only and number in respect of the other three companypes.
193225 as damages.
at this stage on january 8 1971 the state of bihar filed money suit number 3 of 1971 in the companyrt of the subordinate judge of palamau to recover a sum of rs.
of bihar and the officials of the forest department of the govt.
