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M/s Ester Pharma Pvt. Limited v. M/s Ester Pharma Pvt. Limited - CR-15945-2004 [2006] RD-P&H 3807 (6 July 2006)

In the High Court for the States of Punjab and Haryana, at Chandigarh.

C.W.P.No.15945 of 2004

Decided on July 06,2006.

M/s Ester Pharma Pvt. Limited .... petitioner vs.

The State Financial Corporation and another .... respondents Coram: Hon'ble Mr.JusticeJasbir Singh

Hon'ble Mr.Justice Pritam Pal

Present: Mr.Malkeet Singh,Advocate,for the petitioner Mr.Puneet Gupta Advocate,for the respondents Jasbir Singh,J: (Oral)

Petitioner has filed this writ petition with a prayer to quash Annexures P10 and P-11, vide which the benefit given to the petitioner, under some compromise, as per scheme was withdrawn.

Document Annexure P-10 indicates that the benefit was withdrawn as the petitioner had failed to deposit the amount as per settlement arrived at between the parties.

During the pendency of this writ petition, when petitioner moved an application, delay in depositing the amount was condoned by the respondent-bank and petitioner was asked to deposit the amount vide letters Annexures A-3 and A-4. After issuance of the letters mentioned above, the present writ petition has virtually become infrcutuous. Petitioner has even failed to deposit the amount after issuance of the two letters referred to above. However, keeping in view the interest of justice, liberty is granted to the petitioner to deposit the said amount within six weeks from today. If petitioner offers the said amount, the bank is directed to accept the same. Counsel for the petitioner states that excess amount has been charged under the Head " Miscellaneous Expenses".

Be that as it may, liberty is granted to the petitioner to file a representation in that regard and the bank is directed to consider the same and pass an order, after giving proper hearing to the petitioner. As and when any representation is moved, the same shall be decided within one month thereafter.

The present petition stands disposed of.

(Jasbir Singh)


July 06,2006 (Pritam Pal)

RR Judge


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