F.A.O. No. 789 of 1983 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: February 07, 2011. F.A.O. No. 789 of 1983 (O&M) Punjab Financial Corporation, Chandigarh ….Appellant Versus M/s. Modern Rice and General Mills and others ..Respondents CORAM: HON’BLE MR. JUSTICE MOHINDER PAL. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not. 3. Whether the judgment should be reported in the Digest? Present: Ms. Somal Datta, Advocate, and Mr.Vikas Gupta, Advocate, for the plaintiff-appellant Punjab Financial Corporation, Chandigarh. None for the defendants-respondents. Mr. R.K. Gupta, Advocate, for applicant M/s. Bhag Chand Tek Chand through its partner K.K. Aggarwal. MOHINDER PAL, J. Civil Misc. No.7605-CII of 2005. This application has been filed on behalf of M/s. Bhag Chand Tek Chand through its partner K.K. Aggarwal (for short `the applicant- F.A.O. No. 789 of 1983 (O&M) concern’) under Order 1 Rule 10 of the Code of Civil Procedure for impleadment as a party respondent in this case. Such an application bearing Civil Misc. No.2076-CII of 1985 had earlier been filed by the said applicant-concern, which was dismissed by this Court vide order dated 31.5.1985. The claim of the applicant-concern is that it is assignee of defendant-respondent No.1 having purchased the latter’s assets by an instrument dated 1.10.1983. The earlier application filed by the applicant-concern was dismissed on the ground that the instrument of assignment dated 1.10.1983 came into being after the judgment dated 12.8.1983 passed by the lower appellate Court and vide judgment dated 12.8.1983 the defendant-respondent No.1 had been restrained from transferring the property till the amount due to the plaintiff-appellant was discharged and the property lying attached was not assignable. Therefore, this application is hereby dismissed being without any merit. Civil Misc. No.27052-CII of 2009 and F.A.O. No.789 of 1983. Civil Misc. No.27052-CII of 2008 has been filed by the plaintiff-appellant to withdraw F.A.O. No.789 of 1983 on the ground that the only prayer made in this appeal is for increase of rate of interest as awarded by the lower appellate Court and that now the accounts of the plaintiff-appellant with the defendants-respondents have been settled as the plaintiff-appellant has received the amount due. The lower appellant Court had awarded interest at the rate of 12-1/2 per cent per annum whereas the prayer made in this appeal is for enhancement of rate of interest to 15-1/2 per annum. F.A.O. No. 789 of 1983 (O&M) Since the plaintiff-appellant has received the amount due from the defendants-respondents, this appeal has been rendered infructuous. Accordingly Civil Misc. No.27052-CII of 2008 is allowed and F.A.O. No.789 of 1983 is dismissed having become infructuous. There shall be no order as to costs. Dated: February 07, 2011. (MOHINDER PAL) ak JUDGE