High Court of Punjab and Haryana, Chandigarh
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Pushpa Kappal v. Union of India & Ors - CWP-5889-2006  RD-P&H 4688 (24 July 2006)
CIVIL WRIT PETITION NO. 5889 OF 2006
DATE OF DECISION: JULY 27, 2006
Union of India and others
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
HON'BLE MR. JUSTICE PRITAM PAL
PRESENT: Mr. Naresh Prabhakar, Adv., for Mr. Sukant Prabhakar, Advocate, for the petitioner.
Mr. R.S. Bhatia, Advocate,
for respondent No. 3.
JASBIR SINGH, J. (oral)
Reply on behalf of respondent No. 3 has been filed in Court today. The same is taken on record. Copy supplied to the counsel opposite.
During arguments, it has transpired that against the impugned order, appeal lies. Faced with this situation, counsel for the petitioner states that he be allowed to withdraw this writ petition with liberty to file appeal against the order under challenge. He further prays that as the petitioner was pursuing remedy before this Court, objection regarding limitation be not raised.
After hearing counsel for the parties, this Court feels that the prayer made is justified. As the Presiding Officer of the Debt Recovery Tribunal has joined and the said Tribunal is functioning, this writ petition is dismissed as withdrawn with liberty to the petitioner to file appeal against the order under challenge. Shri Bhatia states that if any such appeal is filed within fifteen days from today, the respondent shall not raise any objection regarding limitation. It is further ordered that for the next fifteen days, interim order passed by this Court on April 19, 2006, shall remain in existence. In the meantime, petitioner may, if so advised, move an application for interim stay before the Tribunal, which shall be decided by it as per law.
( Jasbir Singh )
( Pritam Pal )
July 27, 2006. Judge
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