The Punjab State Cooperative And Marketing Federation Ltd v. The Ferozepurt City Cooperative Marketing Cum Processing Society Ltd And ORS
CWP No.18369 of 2021 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.18369 of 2021 (O&M) Date of Decision.25.07.2022 The Punjab State Coop. and Marketing Federation Ltd.
...Petitioner
Vs The Ferozepur City Cooperative Marketing-cum-Processing Society Limited and others
...Respondents
CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR
Present:
Mr. Varun Katyal, Advocate for the petitioner.
Mr. H.S. Bedi, Advocate for respondent No.1.
Ms. Akshita Chauhan, AAG, Punjab.
-.- JAISHREE THAKUR J. (ORAL) Reply filed on behalf of respondents No.2 & 3 in the court today is taken on record.
This is a petition that has been filed under Article 226/227 of the Constitution of India seeking quashing of the order dated 15.03.2018 passed by respondent No.3 whereby award has been passed against the petitioner and order dated 08.03.2021 passed by respondent No.2 dismissing the appeal preferred against order dated 15.03.2018. By the impugned order, the petitioner herein has been directed to make payment of Rs.15.23 lakhs along with interest of Rs.22.27 lakhs, which has accrued thereon till the passing of the award. At this stage, Mr. Bedi, learned counsel appearing for respondent No.1 i.e. the claimant-society, raises a preliminary objection regarding maintainability of the writ petition, in view of the amended PANKAJ KUMAR 2022.07.29 09:09 I attest to the accuracy and authenticity of this document
CWP No.18369 of 2021 (O&M) -2provisions of Section 69 of the Punjab Cooperative Societies Act, 1961 wherein there is a provision for filing a revision petition. Faced with this, Mr. Katyal does not press the instant petition with liberty to approach the concerned authority with a prayer for condoning the period of limitation, considering the fact that he had approached this Court against the impugned orders. Learned counsel appearing for the claimant-society as well as the counsel appearing for the respondent-State do not raise objection thereto and submit that in case the petitioner files revision petition within a period of two weeks from today, the same shall be contested on merits.
In view of the very fair statements made by counsel appearing for the parties, the instant petition stands disposed of by giving direction to the petitioner to file revision petition before the competent authority within a period of two weeks from today and in case the same is filed, let the same be decided as expeditiously as possible, preferably within a period of two months. In case, application for stay of the execution proceedings is filed along with the revision petition, the same shall be decided expeditiously by the competent authority. Till the time, application for stay, if preferred, is not decided by the competent authority, execution proceedings be kept in abeyance.
(JAISHREE THAKUR) JUDGE July 25, 2022 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2022.07.29 09:09 I attest to the accuracy and authenticity of this document