Punjab-Haryana High Court
M/S Bansal Generations Limited vs Punjab State Power Corporation ... on 25 July, 2022
CWP Nos.10147, 10149, 10151, 10153 & 10154 of 2021 1
113+240
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
1. CM No.10595-CWP of 2022 in/and
CWP No.10147 of 2021
Date of Decision: 25.07.2022
M/S BANSAL GENERATIONS LIMITED
......Petitioner
Vs
PUNJAB STATE POWER CORPORATION LIMITED AND ORS
.....Respondents
2. CM No.10486-CWP of 2022 in/and
CWP No.10149 of 2021
M/S BANSAL GENERATIONS LIMITED
......Petitioner
Vs
PUNJAB STATE POWER CORPORATION LIMITED AND ORS
.....Respondents
3. CM No.10565-CWP of 2022 in/and
CWP No.10151 of 2021
M/S BANSAL GENERATIONS LIMITED
......Petitioner
Vs
PUNJAB STATE POWER CORPORATION LIMITED AND ORS
.....Respondents
4. CM No.10583-CWP of 2022 in/and
CWP No.10153 of 2021
M/S BANSAL WIRE INDUSTRIES
......Petitioner
Vs
PUNJAB STATE POWER CORPORATION LIMITED AND ORS
.....Respondents
5. CM No.10554-CWP of 2022 in/and
CWP No.10154 of 2021
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CWP Nos.10147, 10149, 10151, 10153 & 10154 of 2021 2
M/S BANSAL GENERATIONS LIMITED
......Petitioner
Vs
PUNJAB STATE POWER CORPORATION LIMITED AND ORS
.....Respondents
CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH
Present:Mr. M.S. Sidhu, Advocate
for the applicant-petitioner.
Mr. Abhilaksh Gaind, Advocate
for respondents No.1 and 2.
****
RAJ MOHAN SINGH, J.(Oral)
CM No.10595-CWP of 2022 in CWP No.10149 of 2021
For the reasons mentioned in the application, the same
is allowed. Accompanying documents are taken on record,
subject to all just exceptions.
Main case(s)
Vide this common order, CWP Nos.10147, 10149,
10151, 10153 and 10154 of 2021 are being decided. Since
common issue is involved in all these petitions, therefore, facts
are being taken from CWP No.10147 of 2021.
Petitioner has assailed the order dated 09.04.2021
passed by the Addl. District Judge, Patiala thereby allowing the
petitioner to realise 75% of the amount deposited by
respondents No.1 and 2 subject to furnishing bank guarantee.
Learned counsel for the petitioner submits that
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CWP Nos.10147, 10149, 10151, 10153 & 10154 of 2021 3
condition of furnishing bank guarantee is onerous. Financial
guarantee can only be issued by the Bank against 100% cash
margin and Bank will also charge Rs.100/- per lakh for issuance
of bank guarantee. Respondents No.1 and 2 have already
deposited 75% of the awarded amount with the Court of Addl.
District Judge, Patiala and have also deducted TDS over the
total amount which is reflected in Form 26 AS of the
Assessment Year 2021-2022.
Learned counsel for the petitioner further submits that
petitioner is ready to furnish security in the form of immovable
property to the satisfaction of court of Addl. District Judge,
Patiala in order to realise the 75% of the amount deposited by
respondents No.1 and 2. Learned counsel relies upon order
dated 08.02.2016 passed by the Hon'ble Apex Court in SLP
(CC) No.741 of 2016, wherein the decree holder was allowed to
withdraw the entire amount on furnishing bank guarantee or
immovable property to the satisfaction of the judgment debtor.
Learned counsel for respondents No.1 and 2 seeks to
distinguish the aforesaid order on the ground that the said order
was passed in SLP against the decision rendered in FAO.
In my opinion, this objection is untenable. The issue is
with regard to release of the amount subject to some conditions.
In the instant case, petitioner is aggrieved by the order
granting permission to withdraw the amount against bank
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CWP Nos.10147, 10149, 10151, 10153 & 10154 of 2021 4
guarantee, whereas the petitioner is ready to furnish adequate
security to the satisfaction of the Court of Addl. District Judge,
Patiala as well as judgment debtors/respondents No.1 and 2.
In view of aforesaid position, I deem it appropriate to
modify the impugned order dated 09.04.2021 passed by the
Addl. District Judge, Patiala, thereby allowing the petitioner to
withdraw 75% of the amount deposited by respondents No.1
and 2 on furnishing adequate security, indemnity bonds with
one surety for double of the amount in question to the
satisfaction of the Addl. District Judge, Patiala.
The aforesaid security, indemnity bonds and surety
shall be verified by the Addl. District Judge, Patiala after due
notice to respondents No.1 and 2.
In view of aforesaid, all the writ petitions are disposed
of.
(RAJ MOHAN SINGH)
July 25, 2022 JUDGE
Atik
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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