The Court dismissed the writ petition as not maintainable, directing the petitioner to avail the alternative remedy of filing an appeal under Section 68 of the Act, granted an extension of 30 days for filing the appeal on grounds of justice.
Petitioner relegate to alternative remedy of filing appeal within 30 days from the date of order.
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 OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No. 6708 of 2011 Date of Decision: 02.02.2012
Pardeep Kumar
………. Petitioner
Versus
State of Punjab & others
………. Respondents
CORAM: HON’BLE MR. JUSTICE RAJIV NARAIN RAINA
Present:: Mr. Anupam Bhardwaj ,Advocate for the petitioner.
Mr. N.S.Pawar, Addl. A.G. Punjab for respondent Nos. 1 to 3.
Mr. I.S.Saggu, Advocate for respondent No.4.
RAJIV NARAIN RAINA, J.
2 The principal issue raised is that there are certain writ petitions pending in this Court in which interim orders have been passed staying levy of interest beyond 6 per cent. These writ petitions are CWP Nos. 15760 and 21520 of 2010.
3 Mr. Saggu, learned counsel appearing for respondent No.4-Bank has raised a preliminary objection as to the maintainability of the petition. He has filed a written statement in which he has taken the stand that the award passed under Sections 55/56 of the Act is appealable under Section 68 of the Act. There can be no doubt that an appeal is competent against the award and therefore, the writ petition is not maintainable on the ground of alternative remedy.
02.02.2012 nk
(RAJIV NARAIN RAINA) JUDGE
2 issues framed by the court
Whether the writ petition is maintainable in view of the availability of an alternative remedy by way of appeal.
Whether an award under Sections 55-56 of the Act is appealable and thus bars a writ petition.
2 provisions across 2 enactments
Pardeep Kumar
State of Punjab
Respondent No. 4-Bank
Rajiv Narain Raina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
