IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.15741 of 2010 Date of Decision : September 06, 2010. Smt.Parkash Kumari .....Petitioner versus Punjab Financial Corporation and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Anil K.Ahluwalia, Advocate, for the petitioner. -.- 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? --- Surya Kant, J. (Oral) The petitioner had earlier filed Civil Writ Petition No.14656 of 2008 challenging the demand notice issued by the Punjab Small Industries & Export Corporation Limited. The said writ petition was disposed of by this Court vide order dated 7.12.2010 (Annexure P-19) in the following agreed terms:- “Present petition has been filed seeking quashing of public notice (Annexure P-21) dated 1st August, 2008 and Demand letter (Annexure P-22) dated 7th January, 2008. Counsel for the parties are in agreement that the present petition can be disposed of in pursuance of the C.W.P.No .15741 of 2010 2 order dated 16th November, 2009 passed in CWP No.8685 of 2008. Mr.S.P.Singh, General Manager (Estates), who is present in Court, submits that that case of the petitioner can be considered sympathetically and only normal interest will be charged on the principal cost. The General Manager further states that petitioner will have to pay the institutional charges. Counsel for the petitioner submits that in case no penal interest is charged, the petitioner will pay the entire amount to be calculated by the respondent Corporation, within one year in three installments. In view of the broad consensus arrived at between the parties noticed above, present petition is disposed of.” Thereafter, the PSIEC has issued the impugned notice dated 26.7.2010 (Annexure P-25) to the following effect: “Please refer to your letter dated 2.7.2010 addressed to the Chief Secretary, Government of Punjab, Chandigarh and letter dated 5.7.2010 on the subject noted above. In pursuance of the orders passed by the Hon'ble Punjab and Haryana High Court, Chandigarh, in CWP No.14656 of 2008 dated 7.12.2009, the recoverable outstanding dues already conveyed vide this office letter No.PSIEC/EO/15440 dated 9.2.2010 amounting to Rs.2,60,086/- is to be recovered in three installments. On confirmation of date of production on the said plot by General Manager, District Industries Centre, Faridkot vide his letter dated 23.6.2010 and extension fee amounting to Rs.45,000/- is not leviable, as such, the C.W.P.No .15741 of 2010 3 outstanding dues for Rs.2,15,096 as per already set out procedure in three instalments has been re-calculated to be recovered in the three instalments as detailed below:- Due Date Amount 31.5.2010 Rs.71,695/- 30.9.2010 Rs.71,695/- 31.1.2011 Rs.71,696/-” The petitioner now impugns this notice on the plea that he has already paid the entire amount to the PSIEC at the time of auction. In my considered view and in the light of the agreed order earlier passed by this Court, the petitioner is liable to pay the outstanding dues at this stage as demanded by the PSIEC vide the impugned notice dated 26.7.2010 (Annexure P-25). However, it shall not preclude the petitioner to seek any refund from the Corporation and/or to initiate independent legal proceedings for the recovery/refund of the excess amount allegedly paid to the Corporation. With these observations, the writ petition is disposed of. Dasti. September 06, 2010 (SURYA KANT) Mohinder JUDGE