High Court Punjab-Haryana High Court

Naresh Sharma & Another vs Union Of India And Others on 22 December, 2008

Punjab-Haryana High Court
Naresh Sharma & Another vs Union Of India And Others on 22 December, 2008
       IN THE HIGH COURT OF PUNJAB AND HARYANA AT

                             CHANDIGARH.


                                             C.W.P. No.21419 of 2008
                                           Date of decision: 22.12.2008

Naresh Sharma & another.
                                                         -----Petitioners
                                  Vs.
Union of India and others.
                                                      -----Respondents


CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL
            HON'BLE MR JUSTICE L.N. MITTAL

Present:-   Mr. Arvind Kashyap, Advocate and
            Mr. K.P.S. Dhillon, Advocate
            for the petitioners.
                  -----

ORDER:

This petition seeks quashing of order dated 18.11.2008

Annexure P-9 passed by the Debt Recovery Tribunal, recording the

statement on behalf of the petitioners that Rs.75,000/- was due

according to the petitioners, requiring the petitioners to deposit a sum

of Rs.45,000/- as a condition for continuing the stay order. Further

prayer is for quashing of notice dated 1.10.2008 Annexure P-8 issued

by the bank.

As regards the order dated 18.11.2008, we do not find any

ground to interfere as the said order merely records the statement

made on behalf of the petitioners and on that basis, directs the

petitioners to deposit an amount of Rs.45,000/- as a condition for
C.W.P. No.21419 of 2008

2

continuing stay. However, in view of statement made by learned

counsel for the petitioners that the said amount will be deposited within

one week from today, we direct that the order dated 18.11.2008 may be

treated to have been complied with, if deposit is so made.

As regards notice dated 1.10.2008 is concerned, we do not

find any ground to entertain challenge to the said notice in writ

jurisdiction as the petitioners have alternative remedy.

The petition is disposed of accordingly.


                                            ( ADARSH KUMAR GOEL )
                                                   JUDGE


December 22, 2008                                 ( L. N. MITTAL )
ashwani                                               JUDGE