High Court of Punjab and HaryanaCWP/12950/2011dismissed

Jagmohan Singh v. Ajnala Coop. Sugar Mills Ltd And ANR

2015-08-24Mr. Justice Darshan Singh2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-12950-2011 Date of decision : 24.08.2015 Jagmohan Singh ........... Petitioner Vs The Ajnala Cooperative Sugar Mills Ltd., Ajnala & Anr. ...........Respondents Coram :

Hon'ble Mr. Justice Rajiv Narain Raina Present :

Mr. Kamal Jeet Singh Sidhu, Advocate for the petitioner.

Mr. Rahul Sharma, Advocate for respondent No.1.

Rajiv Narain Raina, J. (oral) There is a serious technical defect in the petition inasmuch as though the award has been attached as Annexure P5 but there are no grounds of challenge as to why it deserves to be set aside.

The purpose of presenting a writ petition is to indicate grounds of challenge so that the opposite party answers those grounds of challenge otherwise they will be taken by surprise at the hearing. The Court process depends upon both parties not springing a surprise on each other and that is why the writ rules require grounds of challenge to be pleaded and the law points involved in the petition be indicated to invoke the extra ordinary writ jurisdiction of this Court. Neither any attempt was made to introduce grounds of challenge for Mr. Rahul Sharma, advocate appearing for the respondent Management to respond to or SATYAWAN 2015.09.02 10:25 I attest to the accuracy and authenticity of this document High Court Chandigarh

CWP-12950-2012 -2oppose. In these circumstances, the learned counsel for the petitioner prays that he may be allowed to withdraw the petition with liberty to present a fresh one against the same award after disclosing grounds of challenge.

Since the defect is technical in nature, the petitioner is given liberty to file a fresh petition which will be read in continuation of the previous one so as not to adversely impact issues of delay or laches in relation to the cause of action and right to sue.

Dismissed with the aforesaid liberty.

(RAJIV NARAIN RAINA) JUDGE 24.08.2015 sp SATYAWAN 2015.09.02 10:25 I attest to the accuracy and authenticity of this document High Court Chandigarh