C.R. No.7440 of 2010 (O&M) -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.7440 of 2010 (O&M) Date of Decision.14.12.2010 Gammon India Limited having its registered office at Gammon House, Veer Sarbakar Marg, Parabha Devi, Mumbai through Sh. Parkash Anand Datar its Deputy General Manager (Legal). ......Appellant Versus State of Punjab through Chief Engineer, Punjab (National Highway) PWD B&R Branch, Patiala and another ......Respondents Present: Mr. Vikas Mohan Gupta, Advocate for the appellant. Mr. H.S. Gill, DAG, Punjab. CORAM:HON'BLE MR. JUSTICE K. KANNAN 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? -.- K. KANNAN J.(ORAL) 1. The grievance of the petitioner is that the records, which are said to be missing were sought to be reconstructed and an application had been filed by the revision petitioner before the Appellate Court. The Appellate Court has not so far passed order for reconstruction. There is also report of the Record Keeper that the records are missing. In a case where there is proof on record that records are not available, it ought not to detain the Court any further for passing what otherwise is an innocuous order. On the other hand, it is the duty of the Court to reconstruct the record what is in its custody. The laxity on the part of the administration cannot be a ground for setting a party to inconvenience and difficulty. Although C.R. No.7440 of 2010 (O&M) -2- under normal circumstances, I would have referred the matter to the Appellate Court for passing appropriate orders, I take serious view of the fact that the Appellate Court did not pass any order for two years. I, therefore, pass an order directing the Administration to reconstruct the records with the assistance of counsel for the appellant as well as the respondent with reference to their own records, have them fully compared and take them on file. The appeal is reported to be pending for the last 12 years. It is reported by the counsel that there is already a direction from the Hon'ble Supreme Court that the case must be disposed of within a period of six months. It is hereby ordered that the appeal shall be taken up for hearing immediately after reconstruction of records and the case shall be disposed of within three months and report to this Court. Any deviance or laxity on the part of the Judge will be taken serious note of. 2. The revision petition is disposed of as above. (K. KANNAN) JUDGE December 14, 2010 Pankaj*