M/S KONARK INFRA DEVELOPERS PVT LTD v. M/S INDIA AFFORDABLE HOUSING SOLUTIONS AND ANOTHER
CRR/836/2020 · 2026-03-06
Anoop Chitkara
Transfer Petitionbody2020
DailyLaw.ai
[ 2020 DAILYLAW 2176 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2020 DAILYLAW 2176 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRR-836-2020 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 201 CRR-836-2020 (O&M) Date of Decision: 06.03.2026 M/S KONARK INFRA DEVELOPERS PVT LTD
......... Peoner Versus M/S INDIA AFFORDABLE HOUSING SOLUTIONS AND ANOTHER ......... Respondents
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Vimal Kumar Gupta, Advocate for the peoner. Mr. Amanpreet Singh, Advocate (through V.C.) and Ms. Bhanu Singh Rohilla, Advocate for the respondents. **** ANOOP CHITKARA, J. (ORAL)
1. The present criminal revision peon has been filed against the impugned
judgment dated 12.04.2017 passed by learned Addional Sessions Judge, Gurugram, whereby the learned Sessions Court has acqui2ed the private respondent and set aside the
order of convicon dated 25.11.2014 and order of sentence dated 26.11.2014 passed by learned JMIC, Gurugram under Secon 138 and 141 of Negoable Instruments Act, 1881 Satpal Khanduja was convicted and to undergo 01 year RI and pay compensaon amounng to Rs. 2,00,00,000/- to the complainant, peoner has come up before this Court by filing present revision peon along with an applicaon for condonaon of delay of 969 days in re- filing the peon.
2. Counsel for the respondents has raised a preliminary objecon that the name of the complainant’s company was struck off from the register of Registrar of Companies on
30.06.2017. He further submits that the ma2er was filed a@er the name had been struck off, as such, as of date, there is no legal enty which could be considered as legal person to file the ma2er and the enre process is illegal.
3. However, counsel for the peoner submits that the peoner had filed an applicaon for revocaon of the name of the company with the Registrar of Companies. He JYOTI 2026.03.10 16:43 I attest to the accuracy and integrity of this
order/judgment.
CRR-836-2020 (O&M) 2 further submits that he be permi2ed to withdraw the present peon with liberty to file afresh and in case, he files a fresh peon, the me for which the present peon was pending before this Court may not be counted for the purpose of limitaon.
4. Counsel for the respondents opposes such request and submits that even in the beginning, the company was not a legal person and as such, the inial ma2er itself once without any jurisdicon was withdrawn and even if, the name is restored it will not claim any right to the peoner to revive the ma2er.
5. Given above, present revision peon is disposed of as withdrawn with liberty to the peoner to file afresh a@er restoraon of the company. It is clarified that me for which the present peon remained pending before this Court i.e. from 13.01.2020 when the first affidavit was a2ested ll today i.e. 06.03.2026 shall not be counted for the purpose of limitaon. Applicaon for condonaon of delay is dismissed with liberty to the peoner to file afresh with the fresh peon by clubbing with other delay if any, with due explanaon. All pending miscellaneous applicaons, if any, stand disposed of.
(ANOOP CHITKARA) JUDGE 06.03.2026 Jyo -II Whether speaking/reasoned Yes/No Whether Reportable Yes/No JYOTI 2026.03.10 16:43 I attest to the accuracy and integrity of this
order/judgment.