IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.8296 of 2009 Date of decision: 3rd December, 2010 Ramesh Chander Datta … Petitioner Versus Financial Commissioner, Cooperation Punjab and others … Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Ms. Jyoti Sareen, Advocate for the petitioner. Mr. Palvinder Singh, Sr. DAG Punjab for respondents No.1 to 3. Mr. Harit Sharma, Advocate for respondent No.4. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Counsel for the petitioner states that the alleged mortgage of the house, in lieu whereof the loan was obtained from the Bank, is a fraudulent transaction. Counsel for the respondent-Bank disputes this fact. Counsel for the petitioner states that a Civil Suit had already been filed by the petitioner, which was dismissed in default. The application for restoration of the suit was also dismissed by the trial Court and even another application filed for recall of the earlier dismissal of the application was also dismissed. Counsel for the petitioner states that she has availed the remedy of appeal and therefore, the appellate Court may restore the suit. At this stage, counsel for the respondent-Bank submits that this Court, by way of an interim order, has stayed the reference made for arbitration. Civil Writ Petition No.8296 of 2009 During the course of arguments, counsel for the parties have agreed that the arbitration proceedings may continue, but the award be not executed till the proceedings arising out of the Civil Suit are concluded. In view of the mutual consensus arrived at between counsel for the parties, noticed above, present writ petition is disposed of in the same terms. [KANWALJIT SINGH AHLUWALIA] JUDGE December 3, 2010 rps 2