HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.6158 of 2009 O&M) Date of Decision: 22.02.2011 **** Sanmati Paper Udyog Samiti & Ors. . . . . Petitioners VS. Punjab State Khadi & Village Industries Board & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 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: Mr. GS Anand, Advocate for the petitioners Mr. NS Jagdeva, Advocate for respondent No.1 Ms. Sudeepti Sharma, DAG Punjab ***** SURYA KANT, J. (ORAL) (1). The petitioner seeks a mandamus to direct the Punjab State Khadi and Village Industries Board to release the title documents of immoveable properties mortgaged while availing loan facilities in favour of petitioner No.1. The title deeds are sought to be returned on the basis of ‘No Due Certificate’ (Annexure P10) said to have been issued by the first respondent. (2). The respondents have filed their reply/affidavit. (3). The first respondent has controverted the claim of the petitioners that the entire loan dues have been paid. CWP No.6158 of 2009.doc - 2 – Statement of accounts (Annexure R1) has been placed on record to suggest that a sum of Rs.6,48,525/- as on 16.05.2009 was recoverable from from petitioner No.1/guarantors etc. The genuineness of the NDC (Annexure P10) has also been disputed which is alleged to be a forged document. (4). The case of the petitioners, on the other hand, is that the affairs of petitioner No.1 used to be managed by late Vishwa Nath Bhalla husband of petitioner No.3 and after his death the records of the society are not readily available to prove the payment of the entire loan amount. (5). Having heard learned counsel for the parties and keeping in view the seriously disputed question of facts involved in this case which need to be resolved by granting adequate opportunities to the parties to lead their respective evidence, I deem it appropriate to dispose of this writ petition with liberty to the petitioners to institute a civil suit within a period of 45 days from the date of receipt of a certified copy of this order, if so advised. The Civil Court shall make an endeavour to decide the same as early as possible but preferably within a period to two years after granting maximum upto 5 opportunities to the parties to lead their respective evidence. CWP No.6158 of 2009.doc - 3 – (6). The parties are directed to maintain status quo till the decision of the Civil Suit. (7). Ordered accordingly. Dasti. 22.02.2011 vishal shonkar (S u r y a K a n t) Judge