IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 2428 of 2007 Date of Decision: 12.11. 2008 Nandpur Cooperative Labour & Construction Society Ltd. ...... Appellant Versus State of Punjab and others ...... Respondents Coram: Hon'ble Mr. Justice Ajay Tewari 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. Veneet Sharma, Advocate for the appellant. **** Ajay Tewari, J. This appeal has been filed against the concurrent findings of the Courts below holding that the plaintiff-appellant has not made out a case for rendition of accounts. Learned counsel for the appellant has argued that even the Courts below had accepted that the issue regarding entitlement of the appellant for rendition of accounts was required to have been framed and on this score the matter should be remanded back. In this connection it may be noticed that before the lower Appellate Court learned counsel for the plaintiff-appellant had rejected a similar offer. This Court also offered to the appellant that the judgment and decree of the Courts below would be set aside and the matter remanded back in case the appellant refunded the RSA No. 2428 of 2007 -2- amount of Rs. 1,29,242/- which it had received under the impugned decree. On the last occasion learned counsel for the appellant requested for an adjournment to consult his client. Today learned counsel has stated that his client is not prepared to refund the amount which he has got under the decree. In the circumstances the situation which has emerged is that the appellant wants the decree to be set aside but is not ready to return the benefits which it has obtained under the decree the setting aside of which is being prayed for. I find no justification to accept this prayer. It may be mentioned that apart from this no other question of law was canvassed before me. I, therefore, dismiss this appeal. No costs. (AJAY TEWARI) JUDGE November 12, 2008 sunita