IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 16722 of 2006. Date of Decision : February 11, 2009. Neelam Kumar Oswal .... Petitioner. Versus. Union of India and others. ...Respondents. CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present: Mr. Jainainder Saini, Advocate, for the petitioner. Mr. Kamal Sehgal, Advocate, for the respondents No. 2 to 4. Mr. Vijay Kumar Chaudhary, Assistant Advocate General, Punjab, for the respondnet No. 5. AUGUSTINE GEORGE MASIH, J. (ORAL). Counsel for the respondents No. 2 to 4 has verified and accepts that the amount of Rs. 10 lakhs as earlier stated by counsel for the petitioner has been received by the Department. The petitioner had earlier deposited Rs. 76 lakhs with the Regional Provident Fund Commissioner which was received from Punjab National Bank as per the recovery order. Rs. 10 lakhs have further been paid, and total therefore, comes to Rs. 86 lakhs which has been received by C.W.P. No. 16722 of 2006. the department. As per impugned order dated 20.09.2006 (Annexure-P-12) which was a warrant of arrest, issued against the petitioner, the total amount outstanding as assessed till that date was Rs. 86,42,536/- which included Rs. 1,500/- as costs and charges. On deduction of that costs and charges, the amount payable by the petitioner was Rs. 86,41,036/-. Counsel for the petitioner undertakes to make further payment of Rs. 41,036/- within a period of four weeks from today. Counsel for the respondents No. 2 to 4 states that this amount which was assessed, was as on 20.09.2006 and since the petitioner had now made good the amount which was assessed against him, this would not be the amount outstanding as of date. Counsel for the petitioner states that on payment of Rs. 41,036/-, he would further approach the department to reconcile the accounts and would make good the same. If still some amount is found outstanding against the petitioner and the petitioner is unable to make good the amount within the time granted by the department, the department will be at liberty to take necessary steps in accordance with law to recover the same. In view of the fact that Rs. 86 lakhs have been received by the department from the petitioner and the petitioner has undertaken to make the payment of Rs. 41,036/- within a period of four weeks from today, the warrant of arrest issued against the petitioner, vide order dated 20.09.2006 has been rendered infructuous. This is however subject to the petitioner complying the undertaking of making the payment of Rs. 41,036/- within four weeks. In case of default the warrant of arrest shall stand automatically revived. The department will be at liberty to take necessary steps in -2- C.W.P. No. 16722 of 2006. accordance with law in case the petitioner fails to make good the amount found due against him on reconciliation of accounts over and above Rs. 86,41,036/-. This petition is disposed of in above terms. (AUGUSTINE GEORGE MASIH) JUDGE February 11, 2009. sjks. -3-