The Court dismissed the writ petition seeking interference in a bank recovery proceeding on grounds of inordinate delay and false pleadings by the petitioner, holding that writ jurisdiction is not for parties indulging in falsehood.
Petitioner to deposit costs of `5,000 with the High Court Mediation Centre within 10 days.
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.
I N THE HI GH COURT OF PUNJAB AND HARYANA AT CHANDI GARH
Civil Writ Petition No.1244 of 2014 (O&M) DATE OF DECI SI ON: 24.01.2014
Virender Singh
…..Petitioner
versus
Punjab National Bank and another
.....Respondents
CORAM:- HON'BLE MR.JUSTI CE SANJAY KI SHAN KAUL, CHI EF JUSTI CE HON’BLE MR. JUSTI CE ARUN PALLI
Present: Mr. Sandeep Kum ar Yadav, Advocate for the petitioner
SANJAY KI SHAN KAUL, CHI EF JUSTI CE : (Oral)
The petitioner availed of an agricultural loan of ` 4,30,000/ - against mortgage of land, but failed to maintain the financial discipline, resulting in proceedings being initiated by the respondent-Bank under Section 8(1) of the Haryana Agricultural Credit Operations and Miscellaneous Provisions Act, 1973. The petitioner sought to deny everything in the written statement filed: notices are forged, no loan has been taken, if the petitioner has taken a loan then only 6% interest should be charged, etc. After recording of evidence, by the impugned order dated 12.8.2011, the petitioner has been held liable for payment of the amount with the contractual rate of interest.
The present writ petition under Article 226 of the Constitution of India has been filed assailing this decision, on 23.1.2014, i.e., after more than two and a half years.
Chand Parkash 2014.01.24 17:41 I attest to the accuracy and integrity of this document
CW P- 1244 - 2014
- 2 -
In our view, the petition is completely m isconceived and is liable to be dismissed for the following reasons: -
We are of the view that the jurisdiction under Article 226 of the Constitution of India is to be exercised in favour of the parties who act bona fide and not the parties who indulge in falsehood.
We, thus, dismiss the writ petition with costs quantified at ` 5,000/ -, to be deposited with the High Court Mediation Centre within 10 days from today.
( SANJAY KI SHAN KAUL ) CHI EF JUSTI CE
24.01.2014 ( ARUN PALLI ) parkash* JUDGE
Chand Parkash 2014.01.24 17:41 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether a writ petition filed over two and a half years after the impugned order can be entertained in the absence of an explanation for the delay.
Whether the High Court should entertain a writ petition where the petitioner adopted an improbable conduct by denying the loan in the written statement after having availed the same.
2 provisions across 2 enactments
Virender Singh
Punjab National Bank
Sanjay Kishan Kaul
Arun Palli
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
