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