Civil Writ Petition No. 15199 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Writ Petition No. 15199 of 2009 Date of Decision: 31.8.2010 Shamsher Singh (deceased) through his legal representative …Petitioners Versus Additional Registrar (Loans), Co-operative Societies, Punjab and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Gurdial Singh Jaiswal, Advocate for the petitioners. Ms.Ambika Luthra, Assistant Advocate General, Punjab, for respondents No.1 to 4. Mr. B.S. Sehra, Advocate for respondent No.5. Mr. Ajay Mahajan, Advocate for respondent No.6. Kanwaljit Singh Ahluwalia, J. (Oral) Petitioner-Shamsher Singh was posted as a Secretary of the Nadiali Co-operative Agricultural Service Society Limited, Nadiali (hereinafter referred to as “the Society”). He had committed embezzlement of funds of the Society. The Arbitrator had pronounced the award on 14.2.1995 (Annexure P2). Mr. B.S. Sehra, Advocate, appearing for respondent No.5, has submitted that various other awards were also passed against petitioner- Shamsher Singh and the amount of Rs.79,00,000/-, approximately, is to Civil Writ Petition No. 15199 of 2009 2 be recovered from him. During the pendency of the present writ petition, he died and the same is pursued by his legal representatives. In the present writ petition, a prayer has been made that the sale of the land, which was attached and auctioned in favour of respondent No.6-Bank, be set aside. It is further prayed that the sale proceedings dated 29.6.1995 (Annexure P5) and order dated 30.1.1995 (Annexure P1), passed by the Assistant Registrar, Co-operative Societies, Ropar, along with the sale certificate dated 23.1.1998 (Annexure P6), passed by the Recovery Officer, be also set aside being illegal and void. A Co-ordinate Bench of this Court, had issued notice of motion on 25.9.2009, after noticing the contention that the petitioner is ready and willing to pay the entire outstanding amount of the bank including interest upto date. The petitioner was further allowed to deposit a sum of Rs.8,00,000/- in the Registry of this Court. It is stated that the petitioner has complied with the said order and had deposited a sum of Rs.8,00,000/-. Today, learned counsel for the petitioner has also brought a Demand Draft of Rs.20,00,000/-, but the question, which this Court has to consider, is as to whether, at such a belated stage, auction, sale proceedings and sale certificate can be set aside or not. In the present case, the demand notice (Annexure P3) was issued on 29.5.1995, auction notice (Annexure P4) was issued on 12.6.1995 and the sale of the land was conducted on 29.6.1995. The petitioner challenged the sale certificate dated 29.6.1995 (Annexure P5) under Section 69 read with Section 3(4) of the Punjab Co-operative Civil Writ Petition No. 15199 of 2009 3 Societies Act, 1961 (hereinafter referred to as “1961 Act”) and the revision petition was dismissed by the Joint Secretary Co-operation (Appeals), Punjab, vide order dated 8.10.1996 (Annexure R4/1). The petitioner has approached this Court after a period of more than 13 years. Furthermore, the sale certificate (Annexure P6) was issued by the Recovery Officer on 23.1.1998. At such a belated stage, this Court cannot come to the rescue of the petitioner. The present writ petition suffers from delay and latches and the same is hereby dismissed on this ground alone. (Kanwaljit Singh Ahluwalia) Judge August 31, 2010 “DK”