M/S B.I.S Industries And Anr vs The District Magistrate, Ludhiana And ...
2024 Latest Caselaw 5984 P&H

Punjab-Haryana High Court

M/S B.I.S Industries And Anr vs The District Magistrate, Ludhiana And ... on 15 March, 2024

Author: Lisa Gill

Bench: Lisa Gill

           CWP No.20126 of 2022 and 13757 of 2023 (O&M)           1


                                                                               2024:PHHC:037492-DB

                      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                     CHANDIGARH

                                                          CWP No.20126 of 2022(O&M)
                                                          Date of Decision:15.03.2024

           M/s B.I.S. Industries and another

                                                                                ......Petitioners

                                            Versus

           The District Magistrate, Ludhiana and others
                                                                                ...... Respondent
                                     AND
                                                          CWP No.13757 of 2023(O&M)

           Manmohan Singh

                                                                                ......Petitioner

                                            Versus

           District Magistrate, Ludhiana and others
                                                                                ...... Respondent

           CORAM:- HON'BLE MRS.JUSTICE LISA GILL
                               HON'BLE MS. JUSTICE AMARJOT BHATTI
           Present:            Mr.Jai Vir Yadav, Sr. Advocate
                               with Mr. Aman Gautam, Advocate
                               for the petitioners (in both writ petitions).

                               Mr. R.S.Pandher, Sr. DAG., Punjab.

                               Mr. Gaurav Goel, Advocate
                               for respondent-Bank.

                                            *****

           LISA GILL, J(Oral).

1. Learned senior counsel for petitioners when faced with

judgments of Hon'ble the Supreme Court in Union Bank of India Vs.

Satyawati Tandon and others, 2010(8) SCC 110 and M/s South Indian

Bank Limited and others Vs. Naveen Mathew Philip and another,

2023(1) RCR (Civil) 771, seeks to withdraw these writ petitions with liberty

to petitioners to avail the remedy available to them in accordance with law.

2. Both the writ petitions are accordingly dismissed as withdrawn

with liberty as aforementioned. There is no expression of opinion on the

merits of the matter.

3. Keeping in view the fact that interim order was granted on

04/09.05.2023 in CWP No. 20126 of 2022 with the same enuring till date, it

is directed that interim order granted in their favour shall enure for one week

from receipt of certified copy of this order to enable them to avail remedy as

may be available to them in accordance with law. In case, petitioners file

appropriate application/ petition accompanied with requisite application(s),

question of continuance or otherwise of interim order in petitioners favour is

necessarily in the realm of consideration by the appropriate Forum in

accordance with law, without being influenced by any order, which may

have been passed in this writ petition.

4. It is clarified that interim protection afforded to the petitioners

shall not enure beyond one week as above in the absence of an order by

appropriate authority. Pending miscellaneous application(s), if any, stand

disposed of accordingly as well.

(LISA GILL) JUDGE

(AMARJOT BHATTI) March 15, 2024. JUDGE s.khan Whether speaking/reasoned : Yes/No. Whether reportable : Yes/No.