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Punjab-Haryana High Court

M/S Sandhu Security Service Th Its ... vs Dakshin Haryana Bijli Vitran Nigam Ltd on 24 April, 2018

Author: Rakesh Kumar Jain

Bench: Rakesh Kumar Jain

CWP No. 26700 of 2016                                                                      -1-


          IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                         CHANDIGARH

                                           *****
                                                              CWP No. 26700 of 2016
                                                           Date of Decision: 24.4.2018

M/s Sandhu Security Service                                             ..........Petitioner
                                               v.

Dakshin Haryana Bijli Vitran Nigam Ltd.                               ..........Respondent


CORAM         HON'BLE MR. JUSTICE RAKESH KUMAR JAIN

Present:-     Mr. R.S. Tacoria, Advocate, for the petitioner

              Mr. Lokesh Sinhal, Advocate, for the respondent

              ---

RAKESH KUMAR JAIN, J.

This petition is filed for seeking a direction to the respondent to settle the dispute with the petitioner in terms of the letter dated 10.7.2012.

Learned counsel for the petitioner has submitted that the respondent has asked the petitioner to pay Rs. 40,61,256/-. It is submitted that the petitioner is ready and willing to deposit the said amount provided the First Information Reports (FIR) registered by the respondent against the petitioner are withdrawn.

Learned counsel for the respondent has submitted that the said FIRs have been registered for non-compliance of the payment of EPF and Statutory Tax etc. It is submitted that the said amount has though been paid by the respondent on account of the petitioner but the said FIRs cannot be withdrawn as it has to be taken to its logical end.

After hearing learned counsel for the parties and keeping in view the facts and circumstances of the present case, I am of the considered opinion 1 of 2 ::: Downloaded on - 06-05-2018 17:27:05 ::: CWP No. 26700 of 2016 -2- that the present petition cannot be allowed for the purpose of settling the dispute between the parties by withdrawing the FIRs, specially when the respondent is showing its inability to withdraw the same as the FIR's have been registered for non-compliance of the statutory provisions.

In view of the aforesaid observation, the present petition is hereby dismissed.




                                                          (RAKESH KUMAR JAIN)
                                                                JUDGE
24.4.2018
Ashwani



                        Speaking/Reasoned           Yes/No
                        Reportable                  Yes/No




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