The Court dismissed a writ petition challenging an order of the Debts Recovery Tribunal, Delhi. Chief Justice Hemant Gupta held that the petition suffered from inordinate delay and laches with no reasonable explanation.
The writ petition was dismissed due to delay and laches.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.19835 of 2011 Date of decision: October 21, 2011.
M/s Soga Impex Pvt. Ltd., New Delhi
... Petitioner
v.
Canara Bank, Ludhiana & Others
... Respondent(s)
CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE G.S. SANDHAWALIA
Present: Shri Atul Sharma, Advocate, with Shri Rohit Ahuja, Advocate for the petitioner.
Hemant Gupta, J. (Oral):
The challenge in the present writ petition is to an order dated 6.9.2010 passed by the Debts Recovery Tribunal, Delhi.
The present petition has been filed after more than a year and thirteen days. There is no reasonable explanation for invoking the extraordinary writ jurisdiction of this Court. We find that the writ petition suffers from delay and laches.
Dismissed.
[ Hemant Gupta ] Judge [ G.S. Sandhawalia ] October 21, 2011. Judge kadyan
2 issues framed by the court
Whether the writ petition, challenging an order of the Debts Recovery Tribunal, admitted due to delay and laches.
Whether the exception to time limits justified by special circumstances existed in this case.
M/s Soga Impex Pvt. Ltd.
Canara Bank
Hemant Gupta
G.S. Sandhawalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
