CWP No.10713 of 2000 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
C. W. P. No. 10713 of 2000
Date of Decision: 11 - 11 - 2009
M/s.Bansal Gram Udyog Samiti (Regd.) ....Petitioner
v.
State of Punjab and another ....Respondents
CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA
***
Present: Mr.Sandeep Dhiman, Advocate
for the petitioner.
Mr.Anil Kumar Sharma, Addl.A.G., Punjab
for respondent No.1.
Mr.N.S.Jagdeva, Advocate
for respondent No2.
***
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
The present writ petition has been filed for issuance of a writ in
the nature of certiorari, for quashing of impugned notice dated 18.8.1999,
Annexure P6, whereby the margin money given to the Samiti was converted
into loan and also for issuance of a writ of mandamus directing respondent
No.2 to issue the genuineness certificate.
Counsel for the parties are in agreement that the present writ
petition is squarely covered by the ratio of law laid down in Civil Writ
Petition No.11390 of 2000, titled `M/s.Bhupindra Gram Udyog Samiti
CWP No.10713 of 2000 [2]
(Regd.) v. State of Punjab and another’, decided on 29.10.2007. However,
counsel for the respondents submit that respondents are proposing to file
Letters Patent Appeal against the judgment of learned Single Bench in M/s.
Bhupindra Gram Udyog Samiti’s case (supra).
Counsel for the petitioner submit that he will file an
undertaking with the respondent-Board that he shall remain bound, of the
out come of the Letters Patent Appeal filed by the Punjab Khadi & Village
Industries Board.
In these circumstances, the present writ petition is disposed of
in the same terms as in M/s. Bhupindra Gram Udyog Samiti’s case (supra),
subject to the condition that petitioner shall file an undertaking before the
Punjab Khadi & Village Industries Board that he will remain bound by the
judgment passed by the Letters Patent Bench. The undertaking shall further
incorporate that in case Khadi Board approach the Hon’ble Apex Court, the
petitioner shall also remain bound by the final verdict arising out of M/s.
Bhupindra Gram Udyog Samiti’s case (supra). In case no appeal as
proposed is filed by the respondent, petitioner will be entitled to be placed
at par, so far ratio of law is concerned, with the petitioners in
M/s.Bhupindra Gram Udyog Samiti’s case (supra).
( KANWALJIT SINGH AHLUWALIA )
November 11, 2009. JUDGE
RC