IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.369 of 2010 Date of decision: 29th July, 2010 Paramjit Kaur … Petitioner Versus Secretary, Cooperative Department, Punjab and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Ms. Jagdeep Bains, Advocate for the petitioner. Mr. J.S. Puri, Additional Advocate General, Punjab for respondents No.1 to 4. Mr. I.S. Saggu, Advocate for respondent No.5. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Husband of the petitioner, Bhag Singh was posted as a Manager of Ropar Central Cooperative Bank Limited. It is stated that during his employment, he embezzled amounts of the Bank. For that embezzlement, 66 awards have been passed by the Arbitrator. He expired on 19th October, 2000. According to Mr. I.S. Saggu, Advocate for the respondent- Bank, the total amount to be recovered from deceased Bhag Singh comes to Rs.30.00 lacs approximately. A grievance has been made by the petitioner that the respondents have attached the properties of the petitioner, which exclusively belong to her. Ms.Jagdeep Bains, Advocate appearing for the petitioner, has stated that only the estate of Bhag Singh, to which the petitioner succeeded, can be attached and no other property of the petitioner or her relations can be attached. Learned counsel has further Civil Writ Petition No.369 of 2010 submitted that the petitioner has instituted appeals against the awards in the Court of Registrar, Cooperative Societies, Punjab. Mr. Saggu has stated that after embezzling the amount, Bhag Singh made FDRs in the names of his relations and various other persons. Counsel for the respondent-Bank has further relied upon an affidavit (Annexure R-5/1) furnished by petitioner-Paramjit Kaur. The relevant portion of the same reads as under: “3. That whatever the amount of embezzlement is outstanding against late Sh.Bhag Singh that may be deducted from the dues of late Sh.Bhag Singh lying with the bank and rest of the amount may be deducted from his FDRs, which he prepared from his own saving account by transferring the amount. 4. That if any amount remained outstanding even thereafter then we are ready to pay the same.” Counsel for the petitioner has submitted that the calculated amount of retiral benefits of Bhag Singh along with interest till today is about Rs.12.00 lacs. It is further submitted that about seven FDRs are standing in the name of Bhag Singh and the amount of the same initially was about Rs.10.00 lacs and as on today, the same would be more than Rs.20.00 lacs. Mr. Saggu, to controvert this submission, on instructions from Gurmail Singh, Manager of the respondent-Bank, has stated that these FDRs are sham and no amount was deposited with the Bank. This fact is disputed by Ms. Bains. Furthermore, some land of Bhag Singh has also been attached. Taking into consideration the fact that moveable and immovable assets of the petitioner, which have been attached, are worth more than the amount recoverable, this Court is of the opinion that the appeals preferred by the petitioner ought to be decided within a stipulated 2 Civil Writ Petition No.369 of 2010 period. Accordingly, Registrar, Cooperative Societies, Punjab is directed to decide the appeals preferred by the petitioner within a period of three months from the date of receipt of a certified copy of this order. The Registrar, Cooperative Societies, Punjab shall also consider the prayer for condonation of delay. Till the time the appeals are decided, neither any property of the petitioner shall be auctioned nor shall any of her moveable assets be encashed. With the observations made above, present writ petition is disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE July 29, 2010 rps 3