Present: Shri R.C. Setia Sr. Advocate with Vs. Punjab Financial Corporation and Another ….Respondents - Court Judgment

SooperKanoon Citationsooperkanoon.com/1071238
CourtPunjab and Haryana High Court
Decided OnMar-04-2013
AppellantPresent: Shri R.C. Setia Sr. Advocate with
RespondentPunjab Financial Corporation and Another ….Respondents
Excerpt:
in the high court of punjab and harayana at chandigarh ra no.268 of 2012 (o&m) in cwp no.7610 of 2000 date of decision:4. 3.2013 ghai agro mills (p) ltd and another ……applicant/petitioner versus punjab financial corporation and another ….respondents coram: hon’ble mr.justice hemant gupta hon’ble justice ms.ritu bahri present: shri r.c.setia, sr.advocate, with shri a.k.jain, advocate, for the applicant-petitioners.hemant gupta, j. the present application is for review of the order passed by this court on 14.3.2012 whereby the writ petition filed by the applicant-petitioners was dismissed. learned counsel for the applicant-petitioners has vehemently argued that the argument of the applicant-petitioners that they made a deposit of rs.5 lacs at the time when notice of motion was issued and later rs.15 lacs (total rs.20 lacs) has not been considered by the court. it is alleged that the court has not dealt with the law cited in regard to the validity of the notice and the law laid down by this court in advance oils pvt.ltd.v.punjab financial corporation and others.2007(2) plr 115.case and also the fact that respondent no.1 was estopped to wriggle out of the settlement by acceptance of the entire amount. the order dated 14.3.2012 was passed by the a bench consisting of hon’ble mr.justice m.m.kumar and hon’ble mr.justice alok singh. hon’ble mr.justice m.m.kumar, took over as the chief justice of jammu & kashmir high court on 8.6.2012, whereas ra no.268 of 2012 (o&m) in cwp no.7610 of 2000 (2) hon’ble mr.justice alok singh, took over as a judge of the jharkhand high court on 13.6.”2012. the certified copy of the order dated 14.3.2012 was received by the applicant-petitioners on 23.3.2012. the review application was filed on 19.4.2012, but the same was returned with the objections that the review application should be filed under correct provisions of law; some earlier pages are without page marking and that the annexures are without signatures. the petitioner has taken more than a month to comply with the objections and the review application was refilled on 28.5.2012 i.e.just before the ensuing summer vacations. the review application came up for hearing for the firs.time on 2.7.2012 when the bench which has passed the order was no longer available. we find that the ground to seek review of the order cannot be permitted to be raised by the petitioners at this stage, when the entire basis of the review is that the arguments raised were not considered by the bench. since the bench is no longer available, the said argument cannot be considered by the present bench. the applicant-petitioners had the opportunity to point out not consideration of the arguments raised for more than 2-1/2 months, but the petitioner allowed the time to lapse. in view of the above, finding no merit in the present review application, the same is hereby dismissed. (hemant gupta) judge (ritu bahri) judge 04.03.2013 sk/ds
Judgment:

IN THE HIGH COURT OF PUNJAB AND HARAYANA AT CHANDIGARH RA No.268 of 2012 (O&M) in CWP No.7610 of 2000 Date of Decision:

4. 3.2013 Ghai Agro Mills (P) Ltd and another ……Applicant/petitioner Versus Punjab Financial Corporation and another ….Respondents CORAM: HON’BLE Mr.JUSTICE HEMANT GUPTA HON’BLE JUSTICE Ms.RITU BAHRI Present: Shri R.C.Setia, Sr.Advocate, with Shri A.K.Jain, Advocate, for the applicant-petitioneRs.HEMANT GUPTA, J.

The present application is for review of the order passed by this Court on 14.3.2012 whereby the writ petition filed by the applicant-petitioners was dismissed.

Learned counsel for the applicant-petitioners has vehemently argued that the argument of the applicant-petitioners that they made a deposit of Rs.5 lacs at the time when notice of motion was issued and later Rs.15 lacs (total Rs.20 lacs) has not been considered by the Court.

It is alleged that the Court has not dealt with the law cited in regard to the validity of the notice and the law laid down by this Court in Advance Oils PVT.Ltd.v.Punjab Financial Corporation and otheRs.2007(2) PLR 115.case and also the fact that respondent No.1 was estopped to wriggle out of the settlement by acceptance of the entire amount.

The order dated 14.3.2012 was passed by the a Bench consisting of Hon’ble Mr.Justice M.M.Kumar and Hon’ble Mr.Justice Alok Singh.

Hon’ble Mr.Justice M.M.Kumar, took over as the Chief Justice of Jammu & Kashmir High Court on 8.6.2012, whereas RA No.268 of 2012 (O&M) in CWP No.7610 of 2000 (2) Hon’ble Mr.Justice Alok Singh, took over as a Judge of the Jharkhand High Court on 13.6.”

2012. The certified copy of the order dated 14.3.2012 was received by the applicant-petitioners on 23.3.2012.

The Review Application was filed on 19.4.2012, but the same was returned with the objections that the Review Application should be filed under correct provisions of law; some earlier pages are without page marking and that the Annexures are without signatures.

The petitioner has taken more than a month to comply with the objections and the Review Application was refilled on 28.5.2012 i.e.just before the ensuing summer vacations.

The Review Application came up for hearing for the fiRs.time on 2.7.2012 when the Bench which has passed the order was no longer available.

We find that the ground to seek review of the order cannot be permitted to be raised by the petitioners at this stage, when the entire basis of the review is that the arguments raised were not considered by the Bench.

Since the Bench is no longer available, the said argument cannot be considered by the present Bench.

The applicant-petitioners had the opportunity to point out not consideration of the arguments raised for more than 2-1/2 months, but the petitioner allowed the time to lapse.

In view of the above, finding no merit in the present Review Application, the same is hereby dismissed.

(Hemant Gupta) Judge (Ritu Bahri) Judge 04.03.2013 sk/ds