M/S B.I.S Industries And ANR v. The District Magistrate, Ludhiana And ORS

CWP No.20126 of 2022 and 13757 of 2023 (O&M) 2024:PHHC:037492-DB

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.20126 of 2022(O&M) Date of Decision:15.03.2024 M/s B.I.S. Industries and another ......Petitioners

Versus

The District Magistrate, Ludhiana and others ...... Respondent AND CWP No.13757 of 2023(O&M) Manmohan Singh ......Petitioner

Versus

District Magistrate, Ludhiana and others ...... Respondent CORAM:- HON'BLE MRS.JUSTICE LISA GILL HON'BLE MS. JUSTICE AMARJOT BHATTI

Present:

Mr.Jai Vir Yadav, Sr. Advocate with Mr. Aman Gautam, Advocate for the petitioners (in both writ petitions). Mr. R.S.Pandher, Sr. DAG., Punjab.

Mr. Gaurav Goel, Advocate for respondent-Bank.

***** LISA GILL, J(Oral).

1.

Learned senior counsel for petitioners when faced with judgments of Hon'ble the Supreme Court in Union Bank of India Vs. Satyawati Tandon and others, 2010(8) SCC 110 and M/s South Indian Bank Limited and others Vs. Naveen Mathew Philip and another, SANJAY KHAN 2024.03.20 17:10 I attest to the accuracy and integrity of this document

CWP No.20126 of 2022 and 13757 of 2023 (O&M) 2023(1) RCR (Civil) 771, seeks to withdraw these writ petitions with liberty to petitioners to avail the remedy available to them in accordance with law. 2.

Both the writ petitions are accordingly dismissed as withdrawn with liberty as aforementioned. There is no expression of opinion on the merits of the matter.

3.

Keeping in view the fact that interim order was granted on 04/09.05.2023 in CWP No. 20126 of 2022 with the same enuring till date, it is directed that interim order granted in their favour shall enure for one week from receipt of certified copy of this order to enable them to avail remedy as may be available to them in accordance with law. In case, petitioners file appropriate application/ petition accompanied with requisite application(s), question of continuance or otherwise of interim order in petitioners favour is necessarily in the realm of consideration by the appropriate Forum in accordance with law, without being influenced by any order, which may have been passed in this writ petition.

4.

It is clarified that interim protection afforded to the petitioners shall not enure beyond one week as above in the absence of an order by appropriate authority. Pending miscellaneous application(s), if any, stand disposed of accordingly as well.

(LISA GILL) JUDGE (AMARJOT BHATTI) March 15, 2024.

JUDGE s.khan Whether speaking/reasoned :

Yes/No.

Whether reportable :

Yes/No.

SANJAY KHAN 2024.03.20 17:10 I attest to the accuracy and integrity of this document