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HARYANA FINANCIAL CORPORATION versus M/S.BITTOO ENTERPRISES PVT, LTD AND ANOT

High Court of Punjab and Haryana, Chandigarh

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Haryana Financial Corporation v. M/s.Bittoo Enterprises Pvt, Ltd and anot - CR-1806-2006 [2006] RD-P&H 2474 (21 April 2006)

Civil Revision No. 1806 of 2006 1

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Civil Revision No.1806 of 2006

Date of decision: March 30,2006

Haryana Financial Corporation V. M/s.Bittoo Enterprises Pvt, Ltd and another

CORAM: HON'BLE MR.JUSTICE VINEY MITTAL
Present: Shri Kamal Sehgal, Advocate, for the petitioner.

Viney Mittal,J.(Oral)

Learned counsel for the petitioner has argued that the Branch Manager of the petitioner-Corporation had collided with the plaintiff- decree holder and wrongly and unauthorisedly made a statement in favour of the plaintiff-decree holder. Learned counsel further informs that departmental action had been initiated against the aforesaid Branch Manager and even a recommendation had been made for lodging an FIR.

However, the fact remains that the order passed by the learned executing Court on March 20,2006 has been passed on the statement of the aforesaid Branch Manager. In these circumstances, the petitioner- Corporation has to first approach the executing Court withdrawing the aforesaid statement of the Branch Manager by showing that the Branch Manager had unauthorisedly made the said statement before the executing Court .

Consequently, the present revision petition is disposed of with a liberty to the Corporation to file an appropriate application before the executing Court before getting the necessary relief. For a period of four weeks from today, the operation of the order dated Mach 20,2006 passed by the executing Court shall remain stayed. It is further directed that if any such application is filed by the petitioner-Corporation before the executing Civil Revision No. 1806 of 2006 2

court then the same shall be decided expeditiously by the executing court before proceeding any further in the execution petition.

The present revision petition stands disposed of accordingly.

A copy of this order be given dasti on usual charges.

March 30,2006 (Viney Mittal )

sks Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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