EFA No. 17 of 2010 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH EFA No. 17 of 2010 (O&M) Date of Decision: 06.04.2011 M/s International Fresh Farm Products (India) Ltd. ...Appellant Versus Jasbir Singh and others ..Respondents CORAM: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. R.S. Narang, Advocate for the appellant. Mr. K.D.S. Sodhi, Advocate for respondent No.5. ..... RAJESH BINDAL, J. The dispute in the present appeal is as regards the liability to pay the enhanced compensation on account of acquisition of land for M/s Punjab Power Generation Machine Limited, which subsequently sold the property in question to M/s Crompton Greaves Ltd. Later on, M/s International Fresh Farm Products (India) Ltd. (the appellant) had purchased the unit from M/s Crompton Greaves Ltd. The appellant having been asked to pay the compensation, it is before this court. After the issuance of notice, M/s Crompton Greaves has satisfied the claim of the appellant, pertaining to the amount paid in execution, filed by the landowners against the appellant seeking payment of enhanced compensation. Learned counsel for the appellant has also produced a copy of the letter dated 30.03.2011 addressed to the counsel for the appellant stating therein that the company is getting itself impleaded in the matter titled as Prakash Singh Vs. Punjab Power Generation Machines Limited in the court below and would assume the obligations of that. Learned counsel for the appellant further submitted that considering the conduct of M/s Crompton Greaves Ltd. they are required to EFA No. 17 of 2010 2 be burdened with cost. Despite repeated communications, the amount was paid, which resulted into unavoidable litigation. For the service of M/s Crompton Greaves Limited this court had made to make extra efforts as have been noticed in the order passed by this court on 2.2.2011, which is extracted below:- “On 5.1.2011 notice was directed to be issued to M/s Crompton Greaves Limited by dasti process. Learned counsel for the appellant has pro- duced in court a photocopy of the notice which is shown to have been received in the office of M/s Crompton Greaves Limited Mumbai on 1.2.2011 at 4.30 p.m. He has further pro- duced copy of letter written by Managing Director of the ap- pellant company Simar Singh to Sushant Arora, General Man- ager (Corporate Legal) M/s Crompton Greaves Limited, in- forming about the case in hand. Another communication re- ceived from Sushant Arora by Simar Singh through email has been produced. Referring to the afore- said documents, learned counsel for the appellant submitted that Sushant Arora, General Manager (Corporate Legal) of M/s Crompton Greaves Limited has knowledge about the pen- dency of the present appeal but still they have not chosen to appear. Though apparently the service of notice on M/s Crompton Greaves Limited is com- plete, however, still another opportunity is granted. Let another effort be made to serve the respondent com- pany by way of (i) Speed Post AD (ii) By Fax at No. 022- 24237733, as given by learned counsel for the appellant and (iii) additionally through email at the address of Sushant Arora, General Manager (Corporate Legal) of M/s Crompton Greaves Limited, Mumbai, at 'sushant.arora@cgglobal.com' for 14.3.2011. Learned counsel for the appellant would supply EFA No. 17 of 2010 3 (i) Speed post envelop duly stamped with acknowledg- ment along with complete paper book for sending notice to the respondent company; (ii) he will also submit a soft copy of the paper-book in the registry to enable it to attach the same along with the notice to be sent to the respondent through email; and (iii) additionally, learned counsel for the appellant may inform the M/s Crompton Greaves Limited, Mumbai, about the order passed today.” The aforesaid order shows that though M/s Crompton Greaves Ltd. had the knowledge about the pendency of the appeal but still it did not choose to appear and therefore, service was directed by way of speed post, fax and e-mail and thereafter counsel put in appearance on behalf of the company. Considering the conduct of the said respondent, ` 20,000/- is imposed as cost upon M/s Crompton Greaves Ltd., to be paid to the appellant. The appeal stands disposed of. (RAJESH BINDAL) JUDGE 06.04.2011 sharmila