Bhag Singh And Anr vs Union Of India And Ors on 7 September, 2017

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Punjab-Haryana High Court

Bhag Singh And Anr vs Union Of India And Ors on 7 September, 2017

Bench: Raj Mohan Singh

Civil Revision No.4346 of 2017                               1

256
       IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

                              Civil Revision No.4346 of 2017
                              Date of Decision: 07.09.2017

BHAG SINGH AND ANR
                                         ......Petitioners

       Vs

UNION OF INDIA AND ORS
                                         ....Respondents

CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:Mr. Satbir Rathore, Advocate
        for the petitioners.

        Mr. D.K. Prajapati, Advocate for
        Mr. R.S. Madan, Advocate
        for respondent No.2.

            ****

RAJ MOHAN SINGH, J. (Oral)

[1]. Prayer in this revision petition is for setting aside the order dated 04.03.2017 passed by the executing Court vide which execution petition filed by the petitioners was dismissed on the basis of order dated 08.02.2016 passed by this Court in FAO Nos.3458, 4374 and 4375 of 2012.

[2]. Learned counsel for the petitioners submitted that vide order dated 03.02.2016 passed by this Court in FAO No.5098 of 2014 and other connected cases, the award passed by the competent authority was restored.

1 of 2 ::: Downloaded on - 10-09-2017 23:32:55 ::: Civil Revision No.4346 of 2017 2 [3]. Learned counsel further submitted that the dismissal of the execution petition on the basis of order dated 08.02.2016 was wholly unsustainable.

[4]. The aforesaid fact has not been denied by learned counsel appearing on behalf of respondent No.2 that the order dated 08.02.2016 was clarified by this Court in application i.e. CM No.3430-CII of 2017 filed in RA No.286-CII of 2016 in FAO No.3458 of 2012 vide order dated 02.03.2017. [5]. I have heard learned counsel for the parties. [6]. It appears that the aforesaid order dated 03.02.2016 was stated to be diluted by the order dated 08.02.2016 passed in FAO Nos.3458, 4374 and 4375 of 2012.

[7]. In view of conceded position on record, the impugned order dated 04.03.2017 is hereby set aside. The case is remanded to the executing Court to proceed further in accordance with law.

[8].    Petition stands disposed of.



September 07, 2017                       (RAJ MOHAN SINGH)
Atik                                           JUDGE
Whether speaking/reasoned               Yes/No
Whether reportable                      Yes/No




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