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High Court of Punjab and HaryanaRSA/5044/2012dismissed

Municipal Corporation Ludhiana v. M/S Highway Service Station

2018-05-03Mrs Justice Daya Chaudhary2 pages

RSA-5044-2012 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH RSA-5044-2012 (O&M) Date of decision: 03.05.2018 Municipal Corporation Ludhiana ..... Appellant

Versus

M/s Highway Service Station ..... Respondent

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Harsh Aggarwal, Advocate for the appellant. Mr. Madan Gupta, Advocate for the respondent. RAMENDRA JAIN, J. (ORAL) 1.

Through this appeal, defendant/appellant-Corporation has made a limited prayer for modification of direction of the Ist Appellate Court, to it to make payment of the decretal amount along with interest to respondentplaintiff and to seek refund, in case, any entry found forged by the Criminal Court ,who was trying a case against the employees of the appellantCorporation for cheating and committing fraud, in connivance with owner of the respondent-plaintiff.

2.

At the outset, learned counsel for the respondent-plaintiff producing the duly attested copy of the judgment dated 07.11.2013 of the Special Judge, Ludhiana pertaining to FIR No. 9 dated 21.02.2004, registered under Sections 409, 420, 467, 468, 471, 477-A, 120-B IPC and Section 13(1)(c)(d) read with Section 13(2) 88 of the Prevention of Corruption Act, Police Station Vigilance Bureau, Ludhiana, urged that Krishan Lal, Retd. Clerk, of the appellant-Corporation had expired during trial, whereas Balvir Singh, Fitter, of the appellant-Corporation has been Rishu Kataria 2018.05.08 12:26 I attest to the accuracy and authenticity of this document

RSA-5044-2012 (O&M) -2acquitted. Therefore, the instant appeal does not survive. 3.

Learned counsel for the appellant-Corporation, has not been able to refute the above contention of learned counsel for the respondent. Therefore, the instant Regular Second Appeal, is dismissed as having rendered infructuous.

May 03, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No Rishu Kataria 2018.05.08 12:26 I attest to the accuracy and authenticity of this document