2003 (7) TMI 26

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.... of the order passed by this court on May 21, 2002. It appears from the said order that in view of the earlier order the branch manager, Canara Bank, Jharia Branch, was appointed as receiver to keep the sums being Rs. 9,00,000 and Rs. 2,19,094.11 in safe custody and would not part and deliver the same. This was done in view of a proceeding before the income-tax authority. On the earlier occasion w....

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....itioner as per the calculation in paragraph 11 of the supplementary affidavit. The order was acted upon. The petitioner received the sum. By making this application the petitioner contended that in view of State of Orissa v. B.N. Agarwalla [1997] 2 SCC 469, a person deprived of use of money to which he is legitimately entitled has a right to be compensated for the depreviation, call it by any n....

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....he branch manager of the concerned bank as a receiver appointed by this court. Learned counsel appearing for the income-tax authority has no say in respect of refund to such sum with interest. I only wanted to know the defence of the bank. Accordingly, I had directed to issue a notice upon the bank but at no point of time did the bank appear and make any objection. In spite of the repeated s....