Passa Singh vs Food Corporation Of India And … on 29 July, 2009

              IN THE HIGH COURT OF PUNJAB AND HARYANA
                            AT CHANDIGARH

                           C.W.P. No.10638 of 2009

                           DATE OF DECISION: JULY 29, 2009

Passa Singh

                                                          .....PETITIONER
                                 Versus

Food Corporation of India and others
                                                        ....RESPONDENTS


CORAM:     HON'BLE MR.JUSTICE SATISH KUMAR MITTAL
                        ---

Present:      Mr.Amit Aggarwal, Advocate,
              for the petitioner.
                     ..


SATISH KUMAR MITTAL, J. (Oral)

The petitioner has filed this petition for issuing direction to the

respondents to decide various appeals alleged to have been filed by the

petitioner against the penalty orders passed by the respondent.

Undisputedly, the respondent-Corporation has filed a civil suit

for recovery against the petitioner on the basis of various penalty orders

passed against the petitioner. In the plaint, it has been stated that those

orders have become final as no appeal or review applications are pending.

The petitioner being defendant in the said suit can controvert the said

averments and allege that various appeals filed by him against those penalty

orders are still pending. In view of the fact that dispute of the recovery

amount on the basis of the penalty orders is pending before the Civil Court,

where the petitioner is pressing for not to recover the amount without

deciding his appeals, I am not inclined to entertain this petition under

Article 226 of the Constitution of India for issuing the aforesaid direction
C.W.P. No.10638 of 2009 -2-

in exercise of the writ jurisdiction of this Court.

Dismissed.

However, it will be open for the petitioner to press his defence

not to recover the amount in question till the decision of his appeals, before

the Civil Court.

July 29, 2009                            (SATISH KUMAR MITTAL)
vkg                                              JUDGE