Disposed

Damanjeet Kaur v. Gurbail Singh

Punjab & Haryana HC19 Aug 2009CRM-M/17750/2009

Case brief

AI extract

What is this about?

The order makes an earlier interim order absolute due to petitioner's undertaking to appear regularly. The court directs the lower court to place the deposited bail amount in fixed deposit and expedite disposal of the complaint within six months.

What did the court decide?

Interim order made absolute; bail amount directed to fixed deposit; trial expedited with completion mandate of six months.

Damanjeet Kaur Vs Gurbail Singh — Civil Procedure and Limitation | Punjab & Haryana HC (2009)

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Criminal Misc. No. M-17750 of 2009 [1]

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Misc. No. M-17750 of 2009 (O&M) Date of decision: 19.8.2009

Damanjeet Kaur

.. Petitioner

Gurbail Singh

.. Respondent

CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL

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Present: Mr. Malkiat Singh, Advocate for the petitioner.

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Respondent-Gurbail Singh in person.

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Rajesh Bindal J.

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In terms of the earlier order passed by this Court on 7.7.2009, as modified on 10.8.2009, learned counsel for the petitioner submits that the petitioner has already deposited a sum of Rs. 1,00,000/- in the court of Judicial Magistrate Ist Class, Mohali on 11.8.2009. In addition to that, she has already appeared before the court below and furnished her bail bonds. It is further undertaken by the counsel for the petitioner that the petitioner will now continue to appear before the court below regularly so that trial of the complaint filed by the respondent is not delayed unnecessarily.

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The respondent, who has appeared in person, submits that the amount, which has been deposited by the petitioner in the Court, be kept in a bank in a fixed deposit so that the same may earn interest and may be dealt with by the court at the time of final disposal of the complaint. He further submits that considering the fact that the complaint was filed in the year 2004, the court below be directed to expedite the disposal thereof.

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As far as appearance of the petitioner before the court below and furnishing of bail bonds by her is concerned, the order passed by this court on 7.7.2009 is made absolute, in view of the fact that it has been undertaken by the petitioner that she will continue to appear before the court below regularly.

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As regards the first prayer made by the respondent is concerned, the court below is directed to get the amount of Rs. 1,00,000/- deposited by the petitioner in a nationalised bank in Fixed Deposit Receipt upto 31.3.2010.

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As regards the prayer for early disposal of the complaint is

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Criminal Misc. No. M-17750 of 2009 [2]

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concerned, considering the fact that it was filed way back in 2004 and was unnecessarily delayed on account of non-appearance of the petitioner, the court below is directed to expedite the trial thereof and dispose of the same within 6 months from the next date of hearing.

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The petition stands disposed of.

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(Rajesh Bindal) Judge

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19.8.2009 mk

Damanjeet Kaur v. Gurbail Singh

Case brief

What is this about?

What did the court decide?

Damanjeet Kaur v. Gurbail Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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