Punjab and Sind Bank Vs Varinder Singh Brar, Ssp… — Contempt of Court | Punjab & Haryana HC (2025)

Punjab and Sind Bank Vs Varinder Singh Brar, Ssp… — Contempt of Court | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Petition permitted to be withdrawn at this stage and disposed of with liberty to the petitioner to file a fresh petition after going through all the said documents/orders and getting necessary instructions.

Issue for consideration

Whether action should be taken against the respondents under Sections 11 and 12 of the Contempt of Courts Act, 1971 and Article 215 of the Constitution of India for intentionally and willfully violating and disobeying the order dated 28.01.2025 passed by the Division Bench of this Court in CWP No.2199 of 2025.

Ratio / Principle

Since the order dated 04.10.2024 had not been annexed to the paperbook, the Court permitted the petitioner to withdraw the petition at this stage and disposed of the petition with liberty to file a fresh petition after going through all the said documents/orders (including the speaking order dated 23.04.2025 of SSP, Fazilka taken on record as Mark-A) and getting necessary instructions; no adjudication was made on the alleged contempt.

Detailed headnote1 paragraphs

Contempt petition (COCP) under Sections 11 and 12 of the Contempt of Courts Act, 1971 and Article 215 of the Constitution of India by Punjab and Sind Bank against Varinder Singh Brar and another for allegedly intentionally and willfully violating and disobeying the order dated 28.01.2025 of the Division Bench in CWP No.2199 of 2025 — Background: loan accounts of M/S Kay Bee Cotgin Pvt. Ltd. declared NPA due to non-payment of Bank dues; in CWP-31910-2024 (M/S KAY BEE COTGIN PVT LTD. V/S STATE OF PUNJAB AND ORS.) the Division Bench, by order dated 27.11.2024, had directed the respondents therein not to further proceed and to keep the attachment intact till disposal of that writ petition — During hearing, State placed on record speaking order dated 23.04.2025 of SSP, Fazilka (Mark-A) recording that the petitioner never approached the concerned Police Station; Court observed that the order dated 04.10.2024 had not been annexed to the paperbook — Counsel for petitioner sought leave to withdraw — HELD: petition disposed of with liberty to file a fresh petition after going through the documents/orders and getting necessary instructions; no adjudication on the alleged contempt. (Paras 1 to 6)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

103 COCP No.3427 of 2025 Date of decision: 18.07.2025

PUNJAB AND SIND BANK …. Petitioner

Versus

VARINDER SINGH BRAR AND ANOTHER …. Respondents

CORAM: HON’BLE MR. JUSTICE VIKAS BAHL Present: M r . A.B.S. Sidhu, Advocate for t h e petitioner (through V.C.).

M r . Akhil Kamra, A.A.G., Punjab and In s p. Parmila Rani.

VIKAS BAHL, J. (oral)

This pet i tion has been filed under Sectio n s 11 and 12 of the Contempt o f Courts Act, 19 7 1 and under Article 215 of the Constitution of India for takin g action against the respondents for intention a lly and willfully violating an d disobeying order dated 28.01.2025 passed by D ivision Bench of this Court i n CWP No.2199 of 2025.

L e arned State counsel has submit t ed that in paragraph No.6 of th e petition, it is c ase of the petitioner that the l oan accounts of M/S Kay Be e Cotgin Pvt. Lt d . have been declared NPA du e to non payment of the dues o f the Bank. It is submitted that the said M/S Ka y Bee Cotgin Pvt. Ltd. had file d writ petition N o .31910 of 2024 in which notic e of motion had been issued an d further directi o ns had been issued by the Di v ision Bench to the respondent s therein to not t o proceed further and keep the a ttachment intact till disposal o f that writ petiti o n. The order dated 27.11.202 4 passed in that writ petition i s reproduced as u nder:-

“122 CWP-31910-2024 M / S KAY BEE COTGIN PVT LT D . V/S STATE OF PUNJAB AN D O R S.

P r esent: Mr. Rajiv Agnihotri, Adv o cate for the petitioner(s).

Jyoti 2025.07.19 09:47 I attest to the accuracy and integrity of this document

COCP No.3427 of 2025 - 2-

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Notice of motion.

Mr. Saurabh Kapoor, Addl. AG, Punjab, accepts notice for the respondents-State and seeks time to get instructions and to file reply, if any.

Let requisite copies of the complete paper book be handed over to the learned State counsel, during the course of the day. Adjourned to 17.02.2025.

Response, if any, be filed a week before the adjourned date of hearing with an advance copy to the counsel opposite. It is stated that attachment of the property of the petitioner has already been done by the respondents. We, therefore, direct the respondents not to further proceed and keep the attachment intact till disposal of the writ petition.

To be listed along with CWP-28881-2023 and CWP-280672023.”

Learned State counsel has further placed on record the speaking order dated 23.04.2025 passed by Senior Superintendent of Police, Fazilka in which it has been stated that the petitioner never approached the concerned Police Station with relevant documents. A copy of the said speaking order is taken on record as Mark-A and the same is supplied to counsel for the petitioner.

A perusal of the paperbook would show that the order dated 04.10.2024 has not been annexed.

Learned counsel for the petitioner submits that in view of the same, the petitioner be permitted to withdraw the present petition at this stage and liberty be granted to the petitioner to file a fresh petition after going through all the said documents/orders and getting necessary instructions in this regard.

6. In view of the same, the present petition is disposed of with the aforesaid liberty.

(VIKAS BAHL) 18.07.2025 JUDGE

Jyoti-IV Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No

Jyoti 2025.07.19 09:47 I attest to the accuracy and integrity of this document