IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 15428 of 2005 DATE OF DECISION: JANUARY 28, 2008 Union of India and others .....PETITIONERS Versus Adhunik Alloys Pvt. Ltd. and others ....RESPONDENTS CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL HON'BLE MR.JUSTICE RAKESH KUMAR GARG --- Present: Mr. Sanjeev Kaushik, Advocate, for the petitioners. Mr.Akshay Bhan, Advocate, for respondents No.1 to 4. .. SATISH KUMAR MITTAL, J. (Oral) The Union of India, who is a defendant in a civil suit filed by the respondents, which is still pending before the trial court, has filed this writ petition under Articles 226/227 of the Constitution of India for quashing the interim order dated 21.7.2005, whereby the application filed by the plaintiffs under Order 39 Rules 1& 2 read with Section 151 CPC for issuing direction to release the original documents taken in custody on 23.8.2003 by the defendants, was allowed. We have heard the counsel for the parties. In our view, the writ petition filed by the petitioners is not maintainable as against the impugned order a remedy of appeal has been provided under Order 43 Rule 1 CPC which has not been availed. Thus, C.W.P. No. 15428 of 2005 -2- no case is made out for invoking the extra-ordinary powers of this court under Articles 226/227 of the Constitution of India. Dismissed without prejudice to the rights of the petitioners to avail the remedies available to them under Code of Civil Procedure in accordance with law. (SATISH KUMAR MITTAL) JUDGE January 28, 2008 (RAKESH KUMAR GARG) vkg JUDGE