IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP No. 1284 of 2009
Date of Decision: 28.1.2009.
Avtar Singh ---Petitioner
Vs.
The Punjab State Warehousing Corp. and another ---Respondents
CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI.
Present:- Mr. Jagdeep Bains, Advocate for the petitioner.
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PERMOD KOHLI.J (ORAL)
Notice of motion.
Mr. A.D.S. Sukhija, Advocate, who is present in the Court, has
accepted notice on behalf of the respondents.
The main grievance of the petitioner is that two appeals are
pending before the Appellate Authority since 2006 and 2007 respectively
and the same have not been decided, nor the application for grant of stay has
been considered till date. The petitioner has been fastened with the liability
vide order dated 22.8.2006 (Annexure P-4) and 18.6.2007 (Annexure P-6).
These orders have been made the subject matter of the aforesaid two
appeals. The petitioner claims to have made an application for interim stay
also but the Appellate Authority neither passed any order on the interim
application nor in the main appeal.
The petitioner has approached this Court seeking to challenge
the recovery proceedings and for issue of a writ in the nature of Mandamus
for a direction to the authority to consider the interim stay and decide the
CWP No. 1284 of 2009 -2-
appeal.
In the above circumstances, this petition is disposed of with a
direction to the Appellate Authority to dispose of the appeals filed by the
petitioner as expeditiously as possible and in any case not later than six
months. The Appellate Authority shall consider the application for stay.
Till the time application for stay is considered, no recovery shall be effected
from the petitioner.
Petition disposed of as such.
(PERMOD KOHLI)
JUDGE
28.1.2009
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