Punjab-Haryana High Court
Ranjit Singh vs Haryana Financial Corporation And ... on 26 March, 2009
Author: A.N.Jindal
Bench: A.N.Jindal
R.S.A.No.535 of 2006 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(i) R.S.A.No.535 of 2006 (O&M)
Date of Decision 26.03.2009
Ranjit Singh
......Appellant
VERSUS
Haryana Financial Corporation and another
......Respondents
(ii) R.S.A.No.536 of 2006 (O&M)
Ranjit Singh
......Appellant
VERSUS
Haryana Financial Corporation and another
......Respondents
CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL
Present: Mr.Parminder Singh, Advocate,
for the appellant.
Mr.Puneet Gupta, Advocate,
for respondent No.1.
*****
A.N.JINDAL, J(ORAL):
This order shall dispose of above said two R.S.A. Nos.535 & 536 of 2006 filed by the appellants against the judgment dated 08.08.2005, passed by Addl. District Judge (Adhoc) Fast Track Court, Ambala.
From the impugned judgment, it transpires that the civil Court has no jurisdiction to interfere with the matters relating to the Haryana Financial Corporation in view of sub Section (4) of Section 3 of the Haryana Public Money (Recovery of Dues) Act, 1979, which is reproduced R.S.A.No.535 of 2006 2 as under:-
3."Recovery of certain dues as arrears of land revenue -
(4) No civil Court shall have jurisdiction -
(a) to entertain or adjudicate upon any case;
(b) to adjudicate upon or proceed with any pending case, relating to the recovery of any sum due as aforesaid from the defaulter. The proceedings relating to the recovery of the sums due from the defaulters, pending at the commencement of this Act in any civil Court, shall abate.
As such, no ground to interfere.
Dismissed.
March 25, 2009 (A.N.JINDAL) mamta-II JUDGE