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High Court of Punjab and HaryanaCR/1221/2011dismissed

State Of Punjab v. Abusaid Coop Labour & Cojnstruction Soc. Ltd.

2015-12-23Mr. Justice Harbans Singh Rai2 pages

C.R. No.1221 of 2011 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.1221 of 2011 (O&M) Date of Decision.23.12.2015 Punjab State through its Collector, Amritsar .......Petitioner Vs.

The Abusaid Co-operative Labour and Construction Society Limited .........Respondent

Present:

Mr. Jatinder Sharma, Addl. A.G., Punjab for the petitioner.

CORAM:HON'BLE MR. JUSTICE K. KANNAN 1.

Whether Reporters of local papers may be allowed to see the judgment ?

2.

To be referred to the Reporters or not ?

3.

Whether the judgment should be reported in the Digest? -.- K. KANNAN J. (ORAL) C.M. No.27273-CII of 2015 For the reasons stated in the application, order passed by this Court on 15.12.2015 is recalled and the civil revision is restored to its original number.

Application is allowed.

C.R. No.1221 of 2011 1.

The revision itself seems brings an absurd situation of an arbitral award still hovering for enforcement, ever since it was passed on 06.06.1985. This award was set aside and a fresh arbitral decision was directed. Again an ex parte award was passed on 21.01.1999. Against it also objections had been filed by the construction society and it was also set aside by the Court of 1st Instance on 25.03.2008. The State preferred an appeal and that was dismissed. The revision is PANKAJ KUMAR 2015.12.24 14:30 I attest to the accuracy and integrity of this document

C.R. No.1221 of 2011 (O&M) -2against the dismissal of the appeal filed by the State. The revision petition dismissed earlier has been restored, again dismissed. The matter cannot go on endlessly only for the benefit of the State to seek for confirmation of the award which has been passed ex parte. If the Courts below have previously conisdered the issue that the case would await fresh decision, the matter must proceed thence and would not require an adjudication of whether the application must be restored or not. I will make no intervention.

3.

The revision petition is dismissed.

(K. KANNAN) JUDGE December 23, 2015 Pankaj* PANKAJ KUMAR 2015.12.24 14:30 I attest to the accuracy and integrity of this document