FAO No.146 of 2006 :1: In the High Court of Punjab and Haryana at Chandigarh. Date of decision: 18.02.2008. Shiromani Gurdwara Prabandhak Committee ... Appellant Versus S.Swaran Singh ... Respondent Present: Mr.Vishal Munjal, Advocate, for the appellant. -- PERMOD KOHLI, (Oral): I have heard the learned counsel for the appellant at length. The appellant filed a petition for recovery of Rs.16,74,365/- against S. Swaran Singh-respondent under Section 142 of the Sikh Gurdwara Act, 1925 (hereinafter referred to as “the Act”). The main allegation against the respondent is that he has caused a loss of Rs.16,74,365/- to the appellant. The aforesaid amount is the market value of the land which the respondent has failed to protect despite being asked to take steps for protection/recovery of the land. It is alleged that the respondent was working as Manager and land measuring 89 kanal 6 marlas situated at village Ramdas, Tehsil Ajnala was mortgaged with the Gurdwara Sahib Baba Budha Ji Ramdas (hereinafter referred to as the “Gurdwara Sahib”) more than 30 years back. A suit for redemption of the land was filed by certain persons against the Gurdwara Sahib which has been decreed. The allegations are that the respondent has failed to file the FAO No.146 of 2006 :2: appeal within the time stipulated for the same. It is further alleged that respondent has failed to take effective steps at the relevant time and on account of his negligence Gurdwara Sahib has lost the land. The Sikh Gurdwara Judicial Commission, Amritsar (hereinafter referred to as “the Commission”), came to the conclusion that the respondent took a specific plea that he was not authorised to file any appeal by the Gurdwara Sahib. The Commission has returned a firm finding that the respondent was never authorised by any resolution/document to file the appeal and accordingly the Commission came to the conclusion that there was no negligence on the part of the respondent. Consequently, the Commission dismissed the petition of the appellant vide judgment and decree dated 03.02.2005. Learned counsel for the appellant has failed to show any material/document authorising the respondent to file an appeal on behalf of the Gurdwara Sahib. The findings recorded by the Commission are based upon material/evidence on record. In the absence of there being any material/evidence on record to show that the respondent has failed to perform his duty in prosecuting the petition/proceedings or filing the appeal against the judgment of the redemption of land, the present petition for recovery is not maintainable and misconceived. Even before this Court no such material has been placed on record. The Commission has rightly dismissed the petition. In view of the above, I find no merit in this appeal and the same is hereby dismissed with no order as to costs. 18.02.2008. (PERMOD KOHLI) BLS JUDGE