C.R.No.6973 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.6973 of 2008 Date of decision : 17.12.2008 Haryana Financial Corporation & anr. ...Petitioners Versus Lathar Textiles Pvt. Ltd. ......Respondent CORAM : HON'BLE MR. JUSTICE MAHESH GROVER ..... Present : Mr.Rajesh Hooda, Advocate for the petitioners. MAHESH GROVER, J.(Oral) The petitioner was the custodian of the unit in which goods were lying which were also subjected to the inventory on the basis of the report of the Local Commissioner. There were discrepancies in the material which was checked subsequent to the report, implying thereby that certain material had been removed. The petitioner does not deny the theft although it is pleaded that there was security provided to the unit which was in its possession. It seems that it has arbitrarily assessed the damages at Rs.4 lakhs. Vide the impugned order right has been given to the respondent to initiate proceedings against the defendant-Corporation, if so advised. After hearing the learned counsel for the petitioner, I am of the opinion that there is no infirmity in the impugned order. The petitioner was the custodian of the goods as it had taken over a unit C.R.No.6973 of 2008 -2- and, therefore, it was its responsibility to ensure that the goods remained in safe custody. A perusal of the impugned order further shows that air compressors, air jet looms and other machinery worth Rs.26.42 lakhs as per the respondent were found missing. The petitioner has arbitrarily assessed the damages at Rs.4 lakhs and on a pointed query as to whether someone was associated with the assessment of the damage, the answer was in the negative, implying thereby that there appears to be a possibility of deep nexus with the officials of the Corporation as also to the theft which has taken place. The petitioner being the custodian cannot evade its liability. Therefore, the right given to the respondent to initiate proceedings against the petitioner-Corporation for loss of goods cannot be termed to be erroneous in any manner. Petition dismissed. 17.12.2008 (MAHESH GROVER) JUDGE dss