Punjab Agro Industries & Food Grains Corp. Ltd. v. Shamsher Singh

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR-2971-2024(O&M) Date of Decision: February 27, 2025 Punjab Agro Industries & Food Grains Corporation Limited

...Petitioner

Versus

Shamsher Singh

...Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI

Present:

Mr.Ranjit Singh Kalra and Ms.Mona Yadav, Advocates for the petitioner.

None for the respondent.

**** ARCHANA PURI, J.

Challenge in the present revision petition is to the order dated 23.12.2012 passed by learned Civil Judge, (Sr. Divn.), whereby, the suit filed by the petitioner was rejected for want of requisite Court fee. In pursuance of the notice issued, the respondent did not make appearance, despite service.

Heard.

The facts germane, to be noticed, are as follows:- That, petitioner-Punjab Agro Industries & Food Grains Corporation Limited, which is a public sector undertaking, had filed a suit against Shamhser Singh, for seeking recovery of Rs.4,22,916/-, as a principal

CR-2971-2024 -2amount with interest component. However, as per zimini order dated 10.02.2021, there being deficiency of Court fee, the case was adjourned for 09.07.2021. Thereafter, the case was adjourned for several dates for making good the deficiency of Court fee. However, the same was not deposited despite availing several opportunities, as a result whereof, learned Civil Judge (Sr. Divn.), vide impugned order dated 23.12.2021 had ordered the suit to be rejected, on the ground of deficiency of Court fee. It is submitted by learned counsel for the petitioner that vide Notification dated 02.07.2019, Punjab Agro Foodgrains Corporation Limited (PAFC) was withdrawn from the procurement of foodgrains in the State w.e.f KMS 2019-20. Also, it is stated that on account of paucity of funds, the petitioner was unable to deposit the Court fee.

However, now it is submitted that funds for the deposit of the Court fee have been released by the Government to the various Regional Managers, PAIC/PAFC. In the given circumstances, it is submitted that the petitioner now undertakes to make good the deficiency of the Court fee, within a period of one month from today onwards.

Keeping in view the aforesaid circumstances, faced by the petitioner, the present revision petition is hereby allowed and the impugned order dated 23.12.2021, is hereby set aside. The petitioner is directed to make appearance before learned trial Court and move an application for deposit of the Court fee. The suit shall stand revived, subject to furnishing of the Court fee, within the requisite period of one month. However, in the eventuality of the compliance not being made

CR-2971-2024 -3by the petitioner, within the given time frame, for all intents and purposes, the aforesaid revision petition shall be deemed to have been dismissed. February 27, 2025 (ARCHANA PURI) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable Yes/No