M/S Sardar Associates Private Limited v. Union Of India And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 13681 of 2018 Decided on : 28.05.2018 M/s Sardar Associates Private Limited . . . Petitioner(s)

Versus

Union of India and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA PRESENT: Mr. Jagmohan Bansal, Advocate for the petitioner(s).

**** AJAY KUMAR MITTAL, A.C.J. (Oral) The petitioner has approached this Court under Articles 226/227 of the Constitution of India, seeking a writ in the nature of Prohibition, restraining the respondents from initiating recovery proceedings without show cause notice and adjudication order. A further challenge has been made to Annexure P-2, dated 11th May, 2018, whereby, the respondent has asked buyer of the petitioner i.e. M/s Arora Iron & Steel Rolling Mills to pay money to the Department, which he owes to the petitioner.

2.

From the perusal of the writ petition, we find that no claim has been laid before respondent No.3 at the first instance, before approaching this court, for the relief as claimed in the writ petition.

3.

Accordingly, while disposing of the writ petition, we permit the petitioner to approach the concerned/appropriate authority first for the relief as claimed in the writ petition.

(AJAY KUMAR MITTAL) ACTING CHIEF JUSTICE (TEJINDER SINGH DHINDSA) JUDGE May 28, 2018 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Jawala Ram 2018.05.30 16:34 I attest to the accuracy and authenticity of this document Chandigarh