^ IN THE HIGH COURT OF JUDICATURE AT BILASPUR W.P. N0^^2002 M/S KANHAIYALAL MANGATRAM, a partnership firm duly registered underthe relevant provisions ofthe Indian PartnershipAct, 1932, having its office at 61 -12 Farishta Complex, G.E.Road, Raipur VERSUS 1. M.P. LAGHU UDYOG NIGAM MARYADIT, an undertaking/organisation of State ofM.P. throughthe Generat Manager (E&C) Jabatpur Division, 2259, Wright Town, Jabalpur M.P. 2. CANARA BANK, a banking company constituted underthe relevant provisions ofBanking Companies (Acquisition & Transfer of Undertakings) Act, having a branch office at Telibandha, Raipur(C.G.) PETITIONER RESPONDENTS •^' \^" PETITION UNDER ARTICLES 226/227 OF THE CONSTITUTION OF JNDIA FOR THE ISSUANCE OF WRITS IN THE NATURE OF MANDAMUS, CERTIORARI ETC. ETC. AND/OR FOR ORDER (S) AND/ OR FOR DIRECTION (S) IN THE NATURE OF WRITS f^ • HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition No. 1041 of 2002 PETITIONER M/s. Kanhaiyalal Mangatram Versus RESPONDENTS M.P. Laghu Udyog Nigam Maryadit •^-.-- DB:- HON'BL^SHRI I.M. OUDDUSI & HON'BLE SHR! N.K. AGARWAL, JJ PRESENT:- Shri B.P. Sharma, Adv. for the petitioner. Shri P.S. Koshy with Shri Vinod Deshmukh, Advocate, for the respondent No. 1. ORAL ORDER (16-7-2010) 1. This writ petition has been filed against the order dated 1-3- 2002 passed by the office of General Manager, E 85 C whereby the respondent No. 1 has forfeited the earnest money of Rs. 1 lac. 2. After hearing learned counsel for both the parties, in the opinion of this Court, ends of justice would be served if this petition is disposed ofwith a direction to the petitioner to file a representation before the respondent No. 1 raising his grievances and if such a representation is filed, the respondent No. 1 shall decide the same as early as possible preferably within a period of two weeks from the date of receipt of representation, in view of the law laid down in the case of Haii Abdul Sattar -v- M.P. State Minor Forest Produce (Tradine and Development Co-operative Marketins; Federationl Ltd. Bhooal and others reported in AIR 1989 MP 7 and Yogesh Mehta -v- Custodian ApDointed under the Special Court and others reported in (2007) 2 SCC 624 regarding forfeiture of earnest money deposit. 3. This petition is disposed of accordingly. i • ! Sd/- 1 N.K.Agarwal I.M^Quddusi | "" Judge