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Punjab-Haryana High Court

M2K Infrastructure Pvt Ltd vs Permanent Lok Adalat Public Utility ... on 12 August, 2016

Author: Rameshwar Singh Malik

Bench: Rameshwar Singh Malik

112
       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                                CWP No.13596 of 2016 (O&M)
                                                Date of decision: 12.08.2016

M2K Infrastructure Pvt. Ltd.
                                                                   ... Petitioner
                                          Vs.


Permanent Lok Adalat Public Utility Services Rewari, Haryana and ors.
                                                                ... Respondents


CORAM: HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK

Present:    Mr. J.S. Jaidka, Advocate
            for the petitioner.

                  *******

RAMESHWAR SINGH MALIK, J. (ORAL)

CM No.9211-CWP of 2016 Applicant seeks permission to place on record legible copy of Annexure P-13.

Application is allowed, as prayed for.

CM stands disposed of.

CWP No.13596 of 2016 Learned counsel for the petitioner, at the very outset, refers to the application (Annexure P-18) moved by respondents No.2 and 3 before the Permanent Lok Adalat and particularly the prayer clause thereof at page 180 of the paper book, to contend inter alia that once the applicants themselves have made it clear that they have paid Rs.10 lacs to the petitioner company, the learned Permanent Lok Adalat committed a factual mistake, which is apparent on the record, while recording alleged payment of Rs.3 lacs on 10.04.2007, which was never claimed to have been paid even by the applicants. Learned counsel for the petitioner also submits that the learned Permanent Lok Adalat 1 of 2 ::: Downloaded on - 11-09-2016 00:43:21 ::: CWP No.13596 of 2016 (O&M) -2- ought to have made an effort for an amicable settlement between the parties, before passing the order on merit, as per the relevant provisions of law.

However, learned counsel for the petitioner seeks permission of the Court to withdraw the present writ petition with liberty to the petitioner to move the appropriate application before the learned Permanent Lok Adalat on the grounds mentioned hereinabove and also on any additional ground, if available to the petitioner.

Permission is granted.

Dismissed as withdrawn with liberty, as prayed for.




                                  [ RAMESHWAR SINGH MALIK ]
12.08.2016                                 JUDGE
vishnu



Whether speaking/reasoned        Yes/No

Whether reportable               Yes/No




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