IN THE PUNJAB & HARYANA HIGH COURT AT CHANDIGARH LPA No. 1281 of 2011 (O&M) Date of Decision: July 28, 2011 Narinder Mohan Arya ...Appellant Versus United India Insurance Co. Ltd. and another ...Respondents CORAM: CORAM: CORAM: CORAM: HON'BLE MR. HON'BLE MR. HON'BLE MR. HON'BLE MR. JUSTICE M.M.KUMAR JUSTICE M.M.KUMAR JUSTICE M.M.KUMAR JUSTICE M.M.KUMAR HON'BLE MR HON'BLE MR HON'BLE MR HON'BLE MR. JUSTICE JUSTICE JUSTICE JUSTICE GURDEV SINGH GURDEV SINGH GURDEV SINGH GURDEV SINGH Present: Mr. Dhiraj Chawla, Advocate, for the appellant. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M. KUMAR, J. M.M. KUMAR, J. M.M. KUMAR, J. M.M. KUMAR, J. 1. The petitioner-appellant is aggrieved by an interlocutory order dated 2.5.2011, where his counsel has voluntary restricted his claim for the grant of pension, which was introduced during the time the petitioner-appellant was out of service. He was, however, reinstated under the direction of Hon’ble the Supreme Court. The learned Single Judge has issued notice of motion confined to restricted claim made by the petitioner-appellant with regard to pension. After issuance of notice motion, an application for modification of the order was also filed which has also been dismissed on 19.5.2011. 2. We have heard learned counsel for the petitioner- appellant. It has not been denied that the aforesaid statement was LPA No. LPA No. LPA No. LPA No. 1281 1281 1281 1281 of 2011 (O&M) of 2011 (O&M) of 2011 (O&M) of 2011 (O&M) 2 not made by the learned counsel for the petitioner-appellant. Once the authenticity of the statement before the learned Single Judge has not been disputed then it cannot be a ground for filing of the appeal. It is, in fact, a complete misuse of the process of the Court. Accordingly, the appeal fails and the same is dismissed. (M.M. KUMAR) (M.M. KUMAR) (M.M. KUMAR) (M.M. KUMAR) JUDGE JUDGE JUDGE JUDGE (GURDEV SINGH GURDEV SINGH GURDEV SINGH GURDEV SINGH) July July July July 28, 201 201 201 2011 JUDGE JUDGE JUDGE JUDGE Pkapoor