IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.1613 of 2010 (O&M) Date of Decision : 10.3.2010 M/s ELL EMM Automotive Components Ltd. ....Petitioner Versus Central Bank of India and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.Ravindra Jain, Advocate for the petitioner. ..... MAHESH GROVER, J. C.M.No.6052-CII of 2010 Allowed as prayed for. C.M.No.6053-CII of 2010 C.M. is allowed. Annexures P-1 and P-2 are taken on record. C.R.No.1613 of 2010 No ground to interfere as the impugned order only shows ensuring the interest of the bank by way of an equitable measure. The impugned order ostensibly has been passed noticing the fact that the loan was granted by the bank but the same has not been satisfied. The conduct of the petitioner also shows that initially the petitioner was proceeded against ex-parte and it filed an application for setting aside the ex-parte proceedings which was dismissed for non- C.R.No.1613 of 2010 (O&M) -2- prosecution. Thereafter the instant application has been filed for restoration of the application which is pending before the Presiding Officer, Debts Recovery Tribunal-I, Chandigarh. Having regard to the fact that the final order has still not been passed by the Presiding Officer, I am of the opinion that the present petition is pre-mature and in any eventuality as per the own showing of the learned counsel for the petitioner out of the total dues of Rs.36 lakhs, 50% has been directed to be deposited by the petitioner. No error of jurisdiction has been shown. In any eventuality the amount if deposited by the petitioner shall be subject to the liability which may be determined vis-a-vis the petitioner and other creditors of the bank. The petition is dismissed. Consequently, the stay application is also dismissed. 10.3.2010 (MAHESH GROVER) JUDGE dss