CWP No.19604 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.19604 of 2010 Date of Decision: 01.11.2010 **** M/s. AIP Rolling Mills Pvt. Ltd. . . . . Petitioner VS. State Bank of India . . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 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. JK Sibal, Senior Advocate with Mr. Rohit Suri, Advocate for the petitioner Mr. Yogesh Jain, Advocate for respondent No.1 & 2 Mr. Sunil Chadha, Advocate for respondent No.4 ***** SURYA KANT J. (ORAL) (1). Notice of motion. Mr. Yogesh Jain, Advocate and Mr. Sunil Chadha, Advocate accept notices on behalf of respondents No.1&2 as well as respondent No.4, respectively. Having regard to the nature of order which I propose to pass, there is no necessity to call upon the respondents to file their counter-replies at this stage. (2). The petitioner seeks quashing of the order dated 29.10.2010 (Annexure P12) passed by the Debt Recovery Tribunal-II, Chandigarh, directing forfeiture of 25% CWP No.19604 of 2010.doc - 2 – amount deposited by the petitioner, with a further direction to deposit the said amount with the State Legal Services Authority, Punjab, within 48 hours from the date of passing of the order. (3). Having heard learned counsel for the parties and without commenting upon the merits of the case, however, taking into consideration the totality of the circumstances and the fact that the impugned order is concededly appealable, I deem it appropriate to dispose of this writ petition with liberty to the petitioner to file the statutory appeal, if so advised, at the earliest. (4). Meanwhile, the implementation of the direction contained in para 28 of the impugned order dated 29.10.2010 (Annexure P12) of the DRT-II, Chandigarh shall remain stayed till 19.11.2010. (5). Ordered accordingly. (6). Registry is directed to issue certified copy of the order dasti during the course of the day. (SURYA KANT) JUDGE 01.11.2010 vishal shonkar