Madan Mohan Thatai vs Pswc And Anr on 18 May, 2015

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Punjab-Haryana High Court

Madan Mohan Thatai vs Pswc And Anr on 18 May, 2015

Bench: Deepak Sibal

                                 IN THE HIGH COURT OF PUNJAB AND HARYANA
                                           AT CHANDIGARH

                 Sr. No.120
                                                         CWP No.9869 of 2015
                                                         Date of decision: 18.05.2015

                 Madan Mohan Thatai                                         ....Petitioner

                                            versus

                 Punjab State Warehousing Corporation and another           ....Respondents

                 CORAM: HON'BLE MR. JUSTICE DEEPAK SIBAL

                 Present:       Mr. Vivek Sethi, Advocate, for the petitioner.

                 DEEPAK SIBAL, J. (Oral)

Learned counsel for the petitioner submits that at this stage, he would be satisfied if the present writ petition is disposed of with a direction to respondent no. 2 to take a decision on the Appeal dated 29.07.2011 (Annexure P-26), filed by the petitioner against the order dated 07.06.2011 passed by the Managing Director of the respondent- Punjab State Warehousing Corporation (hereinafter referred to as the 'Corporation') through which penalty of recovery of ` 27,34,082.49 was imposed upon the petitioner.

I find the prayer made by learned counsel for the petitioner to be reasonable.

Accordingly, at this stage, without commenting on the merits of the case, the writ petition is disposed of with a direction to respondent no. 2 to take decision on the above said Appeal dated 29.07.2011 (Annexure P-26), filed by the petitioner, by passing a speaking order and after affording opportunity of hearing to the petitioner, preferably within four months from the date of receipt of a certified copy of this order.

JYOTI SHARMA 2015.05.21 10:37 I attest to the accuracy and authenticity of this document Chandigarh CWP No.9869 of 2015 -2-

Since the order appealed against has been passed by the Managing Director of the respondent-Corporation, it is made clear that in the process of deciding the appeal, the Managing Director shall not participate.

Needless to add that the decision so taken be communicated to the petitioner and if the decision is not to the satisfaction of the petitioner, he would be at liberty to challenge the same, in accordance with law.

(DEEPAK SIBAL) JUDGE May 18, 2015 Jyoti 1 JYOTI SHARMA 2015.05.21 10:37 I attest to the accuracy and authenticity of this document Chandigarh

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