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Himachal Pradesh High Court

Sahil vs . State Of H.P. & Anr. on 2 February, 2022

Author: Chander Bhusan Barowalia

Bench: Chander Bhusan Barowalia

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Sahil vs. State of H.P. & anr.

Cr. MMO No.71/2022

A 2.2.2022 Present: Mr. Imran Khan, Advocate alongwith father of the petitioner.

Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for respondent State.

Mr. Ketan Singh, Advocate, for respondent No.2.

Notice. Mr. Raju Ram Rahi, learned Deputy Advocate General and Mr. Ketan Singh, Advocate, appear and waive service of notice on behalf of respondents No.1 and 2, respectively.

Reply/instructions be filed/obtained before the next date of hearing.

List on 4th February, 2022.

Cr. MP No.256/2022

The application is disposed of with a direction to the applicant-petitioner to file translated copies of Annexures P-1 and P-

2 within a period of four weeks.

( Chander Bhusan Barowalia) Vacation Judge 2nd February, 2022 (CS) ::: Downloaded on - 02/02/2022 20:11:33 :::CIS .

Sunita Devi vs. State of H.P. & ors.

CWP No.601/2022

A 2.2.2022 Present: Dr. Lalit Kumar Sharma, Advocate, for the petitioner.

Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for the respondents-State.

CWP No.601/2022

Notice. Mr. Raju Ram Rahi, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents. Reply be filed before the next date of hearing. List on 9th March, 2022.

CMP No.1078/2022

Notice in the aforesaid terms. The applicant-petitioner being a lady and having less than two years to retire was accommodated by the respondents concerned, vide Annexure P-3 dated 17.1.2022 at Sr. No.27 at Salwar, where the earlier incumbent vacated the post on 31.1.2022. This court finds that order dated 17.1.2022 is just, reasoned and passed by the respondents concerned and there was no occasion to recall this order, so prima facie, this Court comes to the conclusion that till the next date of hearing, transfer order dated 31.1.2022 Annexure P-5, is required to be stayed. So, it is ordered that till the next date of hearing, the impugned transfer order dated 31.1.2022 Annexure P-5, is ordered to be stayed. However, respondents concerned are directed to accept her joining at GSSS, Salwar.

The respondents may however, show cause by filing reply on or before the next date of hearing or otherwise why this order be not made absolute till final disposal of the main petition.

Copy dasti.

( Chander Bhusan Barowalia) Vacation Judge 2nd February, 2022 (CS) ::: Downloaded on - 02/02/2022 20:11:33 :::CIS .

Pawan Kumar vs. HRTC & Ors.

CWP No.597/2022

A 2.2.2022 Present: Mr. Shubham Sood, Advocate, for the petitioner.

Ms. Komal Chaudhary, Advocate vice counsel for the respondents.

CWP No.597/2022 & CMP No.1068/2022 Notice. Ms. Komal Chaudhary, Advocate, appears and waives service of notice on behalf of the respondents. Reply be filed before the next date of hearing. List on 9th March, 2022.

( Chander Bhusan Barowalia) Vacation Judge 2nd February, 2022 (CS) ::: Downloaded on - 02/02/2022 20:11:33 :::CIS .

Ashok Kumar vs. HRTC & anr.

CWP No.604/2022

A 2.2.2022 Present: Mr. V.D. Khidta, Advocate, for the petitioner.

Ms. Shubh Mahajan, Advocate, for the respondents.

CWP No.604/2022

Notice. Ms. Shubh Mahajan, Advocate, appears and waives service of notice on behalf of the respondents. Reply be filed before the next date of hearing. List on 4th March, 2022.

CMP No.1083/2022

Notice in the aforesaid terms. After hearing learned counsel for the parties and going through the records especially the recommendations made by the RM/DM, this Court finds that the impugned transfer order(s) dated 4.12.2021 (Annexure P-5) and order dated 28.1.2022 (Annexure P-11) are required to be stayed.

So, it is ordered that till the next date of hearing, the impugned transfer order(s) dated 4.12.2021 (Annexure P-5) and order dated 28.1.2022 (Annexure P-11) shall remain stayed.

The respondents may however, show cause by filing reply on or before the next date of hearing or otherwise why this order be not made absolute till final disposal of the main petition.

CMP No.1084/2022

The application is disposed of with a direction to the applicant-petitioner to file translated copies of Annexures P-6 and P-

7, in issue within a period of four weeks.

Copy dasti.

( Chander Bhusan Barowalia) Vacation Judge 2nd February, 2022 (CS) ::: Downloaded on - 02/02/2022 20:11:33 :::CIS .

Gaura Devi vs. State of H.P. & ors.

CWP No.605/2022

A 2.2.2022 Present: Mr. G.D. Verma, Sr. Advocate with Mr. B.C. Verma, Advocate, for the petitioner.

Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for respondents- State.

CWP No.605/2022

Notice. Mr. Vikrant Chandel, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents-State. Separate notice be issued to respondent No.7 returnable for 4 th March, 2022, on taking steps within three days. Reply, if any, be filed before the next date of hearing. List on 4th March, 2022.

CMP No.1085/2022

Notice in the aforesaid terms. After hearing learned Senior counsel for the applicant-petitioner and learned Additional Advocate General, this Court finds that suspension of the applicant-petitioner, vide Annexure P-7, dated 19.10.2021 and subsequent order dated 3.11.2021, vide Annexure P-8, are prima facie against the provisions of Section 145 of the H.P. Panchayati Raj Act, 1994. So, it is ordered that till the next date of hearing, the execution and operation of the suspension order dated 19.10.2021 vide Annexure P-7, shall remain stayed. However, learned Senior counsel for the applicant-petitioner states that the order of inquiry, which is Annexure P-8, is the same in continuation of Annexure P-7, dated 19.10.2021. So, it is also ordered that till the next date of hearing, respondents concerned will not pass any further order on Annexure P-8.

The respondents may however, show cause by filing reply on or before the next date of hearing or otherwise why this ::: Downloaded on - 02/02/2022 20:11:33 :::CIS .

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order be not made absolute till final disposal of the main petition.

Copy dasti.

( Chander Bhusan Barowalia) Vacation Judge 2nd February, 2022 (CS) ::: Downloaded on - 02/02/2022 20:11:33 :::CIS .

Hari Chand vs. Punjab National Bank Cr. Revision No.57/2022 A 2.2.2022 Present: Mr. Munish Datwalia, Advocate, for the petitioner.

Mr. Sanjay Dalmia, Advocate, for respondent No.1. Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for respondent No.2- State. r On the oral request of learned counsel for the petitioner, State of Himachal Pradesh through Secretary (Home) is impleaded as party respondent No.2. Amended memo of parties be filed within four weeks.

Notice. Mr. Vikrant Chandel, learned Deputy Advocate General and Mr. Sanjay Dalmia, Advocate, appear and waive service of notice on behalf of respondent No.1 and 2, respectively.

Admit.

Cr. MP No.261/2022

Notice in the aforesaid terms. The execution and operation of the conviction and sentence imposed upon the applicant-petitioner passed by the learned Trial Court, will remain suspended, however subject to the applicant-petitioner's depositing 50% of the compensation amount, within a period of four weeks from today, if not already deposited and also furnishing personal bonds in the sum of `25,000/- (rupees twenty five thousand only) with one surety in the like amount to the satisfaction of the learned Trial Court within the aforesaid period with an undertaking that the applicant-petitioner shall appear in the Court, as and when directed and shall surrender to serve out the sentence imposed, in case his revision petition is ultimately dismissed.

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:: 2 :: Cr. Revision No.57/2022 However, it is made clear that if the amount is not deposited, as ordered above, the stay/suspension order will automatically vacated. Application stands disposed of.

Cr. MP No.262/2022

The application is disposed of with a direction to the applicant-petitioner to file certified copy of judgment within a period of four weeks.

Copy dasti.

( Chander Bhusan Barowalia) Vacation Judge 2nd February, 2022 (CS) ::: Downloaded on - 02/02/2022 20:11:33 :::CIS .

Hari Chand & anr. vs. Punjab National Bank Cr. Revision No.56/2022 A 2.2.2022 Present: Mr. Munish Datwalia, Advocate, for the petitioners.

Mr. Sanjay Dalmia, Advocate, for respondent No.1. Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for respondent No.2- State. r On the oral request of learned counsel for the petitioners, State of Himachal Pradesh through Secretary (Home) is impleaded as party respondent No.2. Amended memo of parties be filed within four weeks.

Notice. Mr. Vikrant Chandel, learned Deputy Advocate General and Mr. Sanjay Dalmia, Advocate, appear and waive service of notice on behalf of respondent No.1 and 2, respectively.

Admit.

Cr. MP No.259/2022

Notice in the aforesaid terms. The execution and operation of the conviction and sentence imposed upon the applicants-petitioners passed by the learned Trial Court, will remain suspended, however subject to the applicants-petitioners depositing 50% of the compensation amount each, within a period of four weeks from today, if not already deposited and also furnishing personal bonds in the sum of `25,000/- (rupees twenty five thousand only) with one surety each in the like amount to the satisfaction of the learned Trial Court within the aforesaid period with an undertaking that the applicants-petitioners shall appear in the Court, as and when directed and shall surrender to serve out the sentence imposed, in case their revision petition is ultimately dismissed.

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:: 2 :: Cr. Revision No.56/2022 However, it is made clear that if the amount is not deposited, as ordered above, the stay/suspension order will automatically vacated. Application stands disposed of.

Cr. MP No.260/2022

The application is disposed of with a direction to the applicant-petitioner to file certified copy of judgment within a period of four weeks.

Copy dasti.

( Chander Bhusan Barowalia) Vacation Judge 2nd February, 2022 (CS) ::: Downloaded on - 02/02/2022 20:11:33 :::CIS .

Khurshi Ram vs. State of H.P. Cr. MP (M) No.260/2022 A 2.2.2022 Present: Mr. S.K. Banyal, Advocate, for the petitioner.

Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for the respondent-State.

Notice. Mr. Vikrant Chandel, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondent. Let police/status report be filed on 3rd February, 2022, as prayed for.

( Chander Bhusan Barowalia) Vacation Judge 2nd February, 2022 (CS) ::: Downloaded on - 02/02/2022 20:11:33 :::CIS .

Pawan Kumar vs. State of H.P. Cr. MP (M) No.266/2022 A 2.2.2022 Present: Mr. Manish Kumar, Advocate vice counsel for the petitioner.

Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for the respondent-State.

Notice. Mr. Vikrant Chandel, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondent. As prayed for, let police/status report be filed on 4th March, 2022, before the appropriate Hon'ble Bench.

( Chander Bhusan Barowalia) Vacation Judge 2nd February, 2022 (CS) ::: Downloaded on - 02/02/2022 20:11:33 :::CIS .

Anu Gupta vs. State of H.P and ors.

Cr. MMO No.72/2022

A 2.2.2022 Present: Mr. Imran Khan, Advocate, for the petitioner.

Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for the respondent-State.

Cr. MMO No.72/2022 & Cr. MP No.258/2022 Notice. Mr. Vikrant Chandel, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondent-State. Separate notice be issued to respondent No.4 returnable for 26th February, 2022 on taking steps within three days. Reply, if any, be filed in the meanwhile.

Cr. MP No.257/2022

The application is disposed of with a direction to the applicant-petitioner to file certified copy of apposite annexure within a period of four weeks.

( Chander Bhusan Barowalia) Vacation Judge 2nd February, 2022 (CS) ::: Downloaded on - 02/02/2022 20:11:33 :::CIS .

Jitender Kumar vs. State of H.P. Cr. MP (M) No.100/2022 A 2.2.2022 Present: Mr. Sanjeev Kumar Suri, Advocate, for the petitioner.

Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for the respondent-State.

ASI Tijender Singh, Police Station Una, District Una, alongwith the records.

Police report stands filed. Time prayed for consideration. Allowed. As prayed, list for consideration on 11th February, 2022.

( Chander Bhusan Barowalia) Vacation Judge 2nd February, 2022 (CS) ::: Downloaded on - 02/02/2022 20:11:33 :::CIS .

Jagdish Kumar vs. State of H.P. Cr. MP (M) No.99/2022 A 2.2.2022 Present: Mr. Prashant Sharma, Advocate, for the petitioner.

Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for the respondent-State.

ASI Dev Dutt, Police Station Jhanjeli, District Mandi, alongwith the records.

Police report stands filed. Time prayed for consideration. Allowed. As prayed, list for consideration on 2nd March, 2022 before the appropriate Hon'ble Bench.

( Chander Bhusan Barowalia) Vacation Judge 2nd February, 2022 (CS) ::: Downloaded on - 02/02/2022 20:11:33 :::CIS .

Anil Kumar vs. State of H.P. Cr. MP (M) No.262/2022 A 2.2.2022 Present: Mr. Nikhil Chugh, Advocate, for the petitioner.

Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for the respondent-State.

Notice. Mr. Raju Ram Rahi, learned Deputy Advocate General, waives service of notice on behalf of the respondent-State.

Let police/status report be filed on 11th February, 2022, as prayed for.

( Chander Bhusan Barowalia) Vacation Judge 2nd February, 2022 (CS) ::: Downloaded on - 02/02/2022 20:11:33 :::CIS .

Aman Sharma vs. State of H.P. Cr. MP (M) No.261/2022 A 2.2.2022 Present: Mr. Ajay Kumar, Advocate, for the petitioner.

Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for the respondent-State.

Notice. Mr. Raju Ram Rahi, learned Deputy Advocate General, waives service of notice on behalf of the respondent-State.

Let police/status report be filed on 4th February, 2022, as prayed for.

( Chander Bhusan Barowalia) Vacation Judge 2nd February, 2022 (CS) ::: Downloaded on - 02/02/2022 20:11:33 :::CIS .

Rinkush Sharma vs. State of H.P. Cr. MP (M) No.263/2022 A 2.2.2022 Present: Mr. Naresh Kaul, Advocate, for the petitioner.

Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for the respondent-State.

Notice. Mr. Raju Ram Rahi, learned Deputy Advocate General, waives service of notice on behalf of the respondent-State.

Let police/status report be filed on 4th February, 2022, as prayed for.

( Chander Bhusan Barowalia) Vacation Judge 2nd February, 2022 (CS) ::: Downloaded on - 02/02/2022 20:11:33 :::CIS .

Sandeep Lakhanpal vs. State of H.P. CWP No.602/2022 A 2.2.2022 Present: Mr. Arun Raj, Advocate, for the petitioner.

Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for the respondent-State.

r CWP No.602/2022 & CMP No.1080/2022 Notice. Mr. Raju Ram Rahi, learned Deputy Advocate General, waives service of notice on behalf of the respondent-State.

Reply/instructions be filed/obtained on 14th February, 2022, as prayed for.

In the meantime, respondent to take instructions with regard to the fact that whether the petitioner can be accommodated, as per the places, mentioned at Sr. No.6, of the instant petition due to the peculiar facts and circumstances of the case that he is going to retire within next one and half year.

( Chander Bhusan Barowalia) Vacation Judge 2nd February, 2022 (CS) ::: Downloaded on - 02/02/2022 20:11:33 :::CIS .

Nishant Kumar vs. State of H.P & ors.

CWP No.599/2022

A 2.2.2022 Present: Ms. Komal Chaudhary, Advocate, for the petitioner.

Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for the respondents-State.

rCWP No.599/2022 & CMP No.1071/2022 Notice. Mr. Raju Ram Rahi, learned Deputy Advocate General, waives service of notice on behalf of the respondents-

State. Separate notice be issued to respondents No.5 to 9 returnable for 3rd March, 2022, on taking steps within three days.

List on 3rd March, 2022. In the meantime, reply, if any be filed.

( Chander Bhusan Barowalia) Vacation Judge 2nd February, 2022 (CS) ::: Downloaded on - 02/02/2022 20:11:33 :::CIS .

Shyam Lal vs. Canara Bank, Parwanoo CWP No.598/2022 A 2.2.2022 Present: Mr. Neeraj Sharma, Advocate, for the petitioner.

Mr. Sanjay Dalmia, Advocate, for the respondent.

CWP No.598/2022 & CMP No.1069/2022 Notice. Mr. Sanjay Dalmia, Advocate, waives service of notice on behalf of the respondent. Reply/instructions be filed/obtained before the next date of hearing. List on 14th February, 2022, as prayed for.

( Chander Bhusan Barowalia) Vacation Judge 2nd February, 2022 (CS) ::: Downloaded on - 02/02/2022 20:11:33 :::CIS .

Surat Pal Chauhan vs. Dailmler Financial Services India Pvt. Ltd.

CMPMO No.26/2022

A 2.2.2022 Present: Mr. Daleep Singh Khachi, Advocate, for the petitioner.

Heard. Issue notice to the respondent returnable for 2nd March, 2022, on taking steps within three days. List on 2nd March, 2022 before the appropriate Hon'ble Bench.

CMP No.1093/2022

Notice in the aforesaid terms. After hearing learned counsel for the applicant-petitioner and going through the entire records, this Court finds that the applicant-petitioner has got prima facie and arguable case. In these circumstances, in order to avoid multiplicity of litigation, it is ordered that till the next date of hearing, further proceedings pending before the learned District Judge, Shimla, shall remain stayed.

The respondent may however, show cause by filing reply on or before the next date of hearing or otherwise why this order be not made absolute till final disposal of the main petition.

Copy dasti.

( Chander Bhusan Barowalia) Vacation Judge 2nd February, 2022 (CS) ::: Downloaded on - 02/02/2022 20:11:33 :::CIS .

Renu Devi vs. State of H.P. Cr. MP (M) No.267/2022 A 2.2.2022 Present: Mr. Shubham Sood, Advocate vice counsel for the petitioner.

Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for the respondent-State.

As prayed for, list on 4th February, 2022.

( Chander Bhusan Barowalia) Vacation Judge 2nd February, 2022 (CS) ::: Downloaded on - 02/02/2022 20:11:33 :::CIS .

Naseem vs. State of H.P. Cr. MP (M) No.265/2022 A 2.2.2022 Present: Mr. Shubham Sood, Advocate vice counsel for the petitioner.

Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for the respondent-State.

As prayed for, list on 4th February, 2022.

( Chander Bhusan Barowalia) Vacation Judge 2nd February, 2022 (CS) ::: Downloaded on - 02/02/2022 20:11:33 :::CIS .

Baldev Singh vs. State of H.P. Cr. MP (M) No.264/2022 A 2.2.2022 Present: Mr. V.S. Rathour, Advocate, for the petitioner.

Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for the respondent-State.

Notice. Mr. Raju Ram Rahi, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondent. Let police report be filed on 4th February, 2022.

( Chander Bhusan Barowalia) Vacation Judge 2nd February, 2022 (CS) ::: Downloaded on - 02/02/2022 20:11:33 :::CIS .

Kanwar Rakesh & ors. vs. State of H.P and ors.

CWP No.596/2022

A 2.2.2022 Present: Mr. Shubham Sood, Advocate, for the petitioners.

Mr. Shiv Pal Manhans, Additional Advocate General, Mr. Raju Ram Rahi, Mr. Vikrant Chandel, Dy. Advocates General and Mr. Shreyk Sharda, Sr. Assistant Advocate General, for the respondent-State.

Notice. Mr. Raju Ram Rahi, learned Deputy Advocate General, appears and waives service of notice on behalf of the respondents-State. Separate notice be issued to respondent No.4 returnable within four weeks, on taking steps within three days.

CMP No.1066/2022

Notice in the aforesaid terms. Taking into consideration the fact that the applicants-petitioners are tenants in the premises in question for the last more than 4-5 decades, as stated by the learned counsel for the petitioners. So, it is ordered that till the next date of hearing, respondents concerned will not evict the applicants-petitioners from the premises in question.

However, the respondents concerned are at liberty to frame policy/agreement with the tenant to rehabilitate them and submit the same before this Court.

The respondents may however, show cause by filing reply on or before the next date of hearing or otherwise why this order be not made absolute till final disposal of the main petition.

CMP No.1067/2022

The application is disposed of with a direction to the applicant-petitioner to file translated copies of apposite documents, in issue within a period of four weeks.

Copy dasti.

( Chander Bhusan Barowalia) Vacation Judge 2nd February, 2022 (CS) ::: Downloaded on - 02/02/2022 20:11:33 :::CIS