High Court of Punjab and HaryanaCR/8033/2018dismissed

M/S Gill Rice Millss Batala Gurdaspur And ANR v. Punjab State Grain Procurement Corp. Ltd And ANR

2021-09-06Mr. Justice Harminder Singh Madaan2 pages

Civil Revision No. 8033 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Civil Revision No. 8033 of 2018 DATE OF DECISION :- September 06, 2021 M/s Gill Rice Mills, Batala, Gurdaspur and another

...Petitioner

Versus

Punjab State Grain Procurement Corporation Ltd. and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Arjun Shukla, Advocate for the petitioner. *** Revisionists M/s Gill Rice Mills, Batala, Gurdaspur and its proprietor Rajinder Singh Gill have brought the present civil revision petition against respondents Punjab State Grain Procurement Corporation Ltd. (PUNGRAIN) and District Manager, Punjab State Grain Procurement Corporation Ltd. (PUNGRAIN) seeking quashing of the impugned order dated 23.10.2018 passed by Additional Civil Judge (Sr. Division), Gurdaspur vide which the application filed by the plaintiffs for additional evidence had been dismissed.

Briefly stated the facts of the case are that revisionists plaintiffs in the civil suit had sought recovery of Rs.15,12,000/- besides other allegations alleging that while plaintiff Rajinder Singh Gill had gone to Canada to meet his daughter then on 26.1.2013, the official of defendants entered his premises and conducted physical verification of the paddy stock and rice and a video film was got prepared which has been got converted into CDs. Some shortage was detected and F.I.R was lodged. They had PARVINDER SINGH 2021.09.06 15:43 I attest to the accuracy and integrity of this document

Civil Revision No. 8033 of 2018 taken possession of the mill and till date mill is in possession and control of the officials of defendants. The suit was contested by the defendants. Those CDs have though been put to the DWs in their cross-examination but then sought to be proved by way of leading additional evidence. The application was resisted by the defendants. The trial Court vide a detailed well reasoned order has dismissed the application. The impugned order on examination does not show any illegality or infirmity. It can certainly be not termed as arbitrary or having been passed against the settled judicial proposition. There is no reason to interfere therewith by exercising revisional jurisdiction, as such the civil revision petition is found to be without merit and is dismissed accordingly.

(H.S. MADAAN) JUDGE September 06, 2021 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2021.09.06 15:43 I attest to the accuracy and integrity of this document