Dismissed

J and K Integrated Textile Park Limited Th Ram Avtar Aggarwal v. Canara Bank Th Authorised Officer Arm Branch Chandigarh and Others

J&K HC8 Dec 2022WP(C)/2836/2021

Case brief

AI extract

What is this about?

The court dismissed the withdrawn writ petition allowing the petitioner to approach the Debt Recovery Tribunal for condonation of delay under the Limitation Act. A co-ordinate contempt petition was also dismissed.

What did the court decide?

Writ petition dismissed as withdrawn; liberty to approach Tribunal for condonation of delay under Section 14 of the Limitation Act.

J and K Integrated Textile Park Limited Th Ram… — Civil Procedure and Limitation | J&K HC (2022)

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Sr. No. 2

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

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WP(C) No. 2836/2021 CM No. 9530/2021 In CCP(D) No. 5/2022 CM No. 640/2022

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J and K Integrated Textile Park Limited

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….Petitioner(s)/Appellant(s)

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Through :- Mr. Pranav Kohli, Senior Advocate with Mr. Arun Dev Singh, Advocate.

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V/s

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Canara Bank and others

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….Respondent(s)

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Through :- Mr. Parveen Kapahi, Advocate.

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HON’BLE THE CHIEF JUSTICE (ACTING) Coram: HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE

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ORDER 08.12.2022

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WP(C) No. 2836/2021, CM No. 9530/2021

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Learned Senior counsel Mr. Pranav Kohli appearing for the petitioner submitted that the petitioner had to file the present writ petition in this court due to non availability of Debts Recovery Tribunal functional in the Union Territory of Jammu and Kashmir and also the jurisdiction of the Tribunal stands transferred to Chandigarh Bench which also was not functional for want of requisite members. Thus, this court vide order dated 24.12.2021 entertained the petition and issued notice to the other side.

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Today Mr. Kapahi, learned counsel appearing for the respondents submitted that this court has now no jurisdiction to entertain the present writ petition as the case in hand is squarely covered by the judgment passed on 14.10.2022 by the Co-ordinate Bench of this court in WP(C) No. 606/2021 titled

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2 WP(C) No. 2836/2021

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‘J&K Integrated Textile Park Limited v. Union of India and others’ and therefore submits that the petition is required to be dismissed.

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Mr. Pranav Kohli, learned senior counsel, at this stage submitted that

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in terms of Section 14 of the Limitation Act that the petitioner has a remedy to seek condonation of delay in filing the petition before the Tribunal, therefore, he submits that he has instructions to withdraw the writ petition with the prayer to this court that the Tribunal shall consider the exclusion of the period in terms of section 14 of the Limitation Act.

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In view of the above, the writ petition is dismissed as withdrawn with the liberty to the petitioner to approach the Tribunal and the Tribunal shall consider the exclusion of the period in terms of Section 14 of the Act provided the same is applicable to the case in hand.

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CCP(D) No. 5/2022, CM No. 640/2022

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In view of withdrawal of the writ petition, nothing survives for adjudication in this contempt petition and the same is accordingly dismissed.

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(Rajesh Sekhri) (Tashi Rabstan) Judge Chief Justice (Acting)

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Jammu: 08.12.2022 Raj Kumar

J and K Integrated Textile Park Limited Th Ram Avtar Aggarwal v. Canara Bank Th Authorised Officer Arm Branch Chandigarh and Others

Case brief

What is this about?

What did the court decide?

J and K Integrated Textile Park Limited Th Ram Avtar Aggarwal v. Canara Bank Th Authorised Officer Arm Branch Chandigarh and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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