Allowed

Gf Toll Road Private Limited v. Aravali Truck Owner Association and Ors.

Punjab & Haryana HC1 Apr 2013LPA/587/2013

Case brief

AI extract

What is this about?

The Court allowed a letters patent appeal to modify an interim order restraining an appellant from collecting toll. The Court directed that the stay must be conditional upon the respondent furnishing a bank guarantee or depositing the toll amount to safeguard the appellant's financial interest before the writ petition is decided.

What did the court decide?

The impugned order was modified to require the respondent to furnish a bank guarantee or deposit toll tax as a condition for staying toll collection.

Gf Toll Road Private Limited Vs… — Civil Procedure and Limitation | Punjab & Haryana HC (2013)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Letters Patent Appeal No.587 of 2013(O&M) Date of Decision : April 01, 2013

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GF Toll Road Private Limited

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.....Appellant

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versus

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Aravali Truck Owner Association (Regd.) and others .....Respondents

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CORAM : HON'BLE MR.JUSTICE SURYA KANT.

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HON'BLE MR.JUSTICE R.P.NAGRATH.

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Present : Mr.Puneet Bali, Senior Advocate, with

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Mr.Vibhav Jain, Advocate, for the appellant. Mr.Pawan Kumar, Senior Advocate with Mr.Anshuman Mandher, Advocate, for respondent Nos.1. Mr.R.D.Sharma, DAG, Haryana, for respondent Nos.2 & 3.

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-.-

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Whether Reporters of Local papers may be allowed to see the judgment?

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2.To be referred to the Reporters or not?

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3.Whether the judgment should be reported in the Digest?

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Surya Kant, J. (Oral)

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This letters patent appeal is directed against an interlocutory order dated 12.3.2013 passed by learned Single Judge whereby the appellant (GF Toll Road Private Limited) has been restrained from charging toll on the movements of trucks on the road known as 'Crusher Zone Road' and shown in yellow portion of the site plan (Annexure P-3). The length of that road is statedly 3.10 kilometers and it falls within the municipal limits of Faridabad. The appellant, however, has been granted liberty to “keep accounts of movements of vehicles to await the final outcome of the writ petition”. The writ petitioner has given undertaking that in the event of dismissal of its petition, it shall deposit the amount with 6% interest.

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The interim order has been passed at the instance of Aravali Truck Owner Association (Regd.), namely, the truck union of Pali Mahabatabad Crusher Zone Faridabad.

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[2]

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LPA No.587 of 2013 (O&M)

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The appellant asserts that as a result of the interim directions, it suffers the daily loss of about 9 lacs.

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The question which arises for consideration is that if the writ petition fails how the appellant shall recover the due amount from the truck owners and whether its interest in such an eventuality has been adequately protected?

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We have heard learned counsel for the parties at some length.

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In our considered view, the interim direction restraining the appellant from charging toll on the movements of trucks could be issued conditionally subject to respondent No.1-Truck Union furnishing adequate irrevocable and unconditional bank guarantee so that in the event of dismissal of the writ petition, the appellant may encash the bank guarantee towards the due amount of toll tax. The other recourse would be to allow the truck owners to deposit the toll tax without prejudice to their legal rights and if the writ petition succeeds, the appellant can be directed to refund the same in a time bound manner, say, within a period of one week or so.

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The impugned order dated 12.3.2013 passed by learned Single Judge therefore, deserves to be modified to the extent that the parties shall appear before the learned Single Judge on 3.4.2013 at 10.00 a.m. and there shall be liberty to the writ petitioner (Aravali Truck Owner Association Regd.) to furnish a bank guarantee which must adequately safe guard the appellant's interest till the writ petition is decided. Alternatively, the truck owners may deposit the due amount of toll tax without prejudice to their legal rights and in that event, the learned Single Judge may ask the appellant to furnish an undertaking/indemnity bond that if the writ petition succeeds, it shall refund the toll amount within one week notwithstanding its right to file an appeal against that order.

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Learned Single Judge is also requested to decide the writ petition at the earliest and preferably on the date fixed, i.e., 10.4.2013,

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LPA No.587 of 2013 (O&M)

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[3]

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meanwhile enabling the parties to complete the pleadings.

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With the afore-mentioned modification/clarification, the appeal stands disposed.

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List this matter on 3.4.2013 before learned Single Judge. To be shown in urgent list.

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Let a copy of this order under the signatures of the Bench Secretary be given dasti to learned counsel for the parties during the course of day.

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(SURYA KANT) JUDGE

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April 01, 2013 (R.P.NAGRATH) Mohinder JUDGE

Gf Toll Road Private Limited v. Aravali Truck Owner Association and Ors.

Case brief

What is this about?

What did the court decide?

Gf Toll Road Private Limited v. Aravali Truck Owner Association and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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