Vishva Vishal Engineering Ltd. v. Arunabh Mandal

HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 1215 of 2018 Vishva Vishal Engineering Ltd. P.O. Box 11, 4/5 Industrial Estate, Nandini Road, Bhilai, District Durg, Chhattisgarh, Through Its Authorized Signatory Madhav Das K.

---- Petitioner

Versus

1. Arunabh Mandal, Recovery Officer, Employees State Insurance Corporation, 107, Ram Nagar Road, Kota, Raipur, District Raipur, Chhattisgarh.

2. N. Parate, Branch Manager, State Bank Of India, Main Branch Bhilai, Durg, Chhattisgarh.

---- Respondents For Petitioner :

Mrs. Astha Shukla, Advocate For Respondent No.1 :

Mr. Pradeep Saxena, Advocate For Respondent No.2 :

Mr. P.R.Patankar, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board /04/2019 1.

Perused the affidavit of the contemnor Arunabh Mandal to whom the notice was issued wherein it is stated that he came to know of the stay order on 05.10.2018 and the Demand Draft though have been received has not been encashed and kept in the safe custody awaiting the order of the Court. 2.

It is contended on behalf of the petitioner that the Demand Draft has lost its efficacy for lapse of time, therefore, unless and until the Demand Draft is returned, it will be of no use for either of the parties and the petitioner may get back the amount from the Bank after cancellation of the Demand Draft. 3.

Considering the averments of affidavit that the Demand Draft is kept in the custody, the respondent No.1 is directed to return the same to the petitioner. In view of such fact and the submission made, the rule is discharged. The petition is disposed of accordingly.

Sd/- Goutam Bhaduri Judge Ashok