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2025 DAILYLAW 14092 (PNJ)

THE HAFED CHEEKA THRU ITS MANAGER AND ANR. v. M/S S.K. TRADING COMPANY AND ORS.

CR/4007/2018 · 2025-04-29

Nidhi Gupta

body2025

Judgment text

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RSA-2783- and other connected matters IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 228 1. The Cheeka Co M/s Mehar Chand Ramesh Respondents 2. The Cheeka Co M/s S.K. Trading Co. 3. The Cheeka Co M/s Gagan Trading Co. and others 4. The HAFED M/s Mehar Chand Ramesh 5. The HAFED Cheeka through its Manager M/s S.K. Trading Co. and others 6. The HAFED Cheeka through its Manager M/s Gagan Trading Co. and others -2018 (O&M) other connected matters -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA-2783-2018 (O&M) The Cheeka Co-operative-cum-Processing Society Ltd. Versus M/s Mehar Chand Ramesh Kumar and others Respondents RSA-3439-2018 (O&M) The Cheeka Co-operative-cum-Processing Society Ltd. Versus S.K. Trading Co. and others RSA-3736-2018 (O&M) The Cheeka Co-operative-cum-Processing Society Versus M/s Gagan Trading Co. and others CR-4006-2018 (O&M) HAFED Cheeka through its Manager and Versus M/s Mehar Chand Ramesh Kumar and others CR-4007-2018 (O&M) The HAFED Cheeka through its Manager and ANR. Versus M/s S.K. Trading Co. and others CR-3956-2018 (O&M) The HAFED Cheeka through its Manager and ANR. Versus M/s Gagan Trading Co. and others **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 2018 (O&M) Processing Society Ltd. .… Appellant and others .... (O&M) Processing Society Ltd. .… Appellant .... Respondents Processing Society Ltd. .… Appellant .... Respondents through its Manager and ANR. .… Petitioners and others .... Respondents and ANR. .… Petitioners .... Respondents and ANR. .… Petitioners .... Respondents Date of Decision: 29.04.2025 RISHU KATARIA 2025.05.03 17:49 I attest to the accuracy and authenticity of this order/judgment. RSA-2783- and other connected matters CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) and 2 in all the aforementioned 06 cases are taken on record the same at the appropriate place(s) in the respective files. Regular Second Appeal bearing 03 Civil Revisions bearing CR Nos. 4006, 4007 and 3956 disposed of as similar facts are involved therein. order dated 26.04.2023 passed by the learned Executing Court, Guhla, in (i) EXE/08/2019 03.05.2023 passed in 2018); and (iii) 3736-2018 and CR No. 1 and 2 survives in all the cases learned Executing Court; the plaintiff/respondents No. 1 and 2 withdrawn -2018 (O&M) other connected matters -2- CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Rakesh Nagpal, Advocate for the appellant(s) (RSA Nos. 2783, 3439 & 3736 Mr. Suraj Kaundal, Advocate for Mr. PC Chaudhary, Advocate For the petitioners (in CR Nos. 4006, 4007 and 3956 Mr. Tanmoy Gupta, Advocate for respondents No. 1 and 2 (in all aforementioned 06 cases). NIDHI GUPTA, J. (ORAL) Separate Valakatnama(s) filed on behalf of respondents No. 1 in all the aforementioned 06 cases are taken on record the same at the appropriate place(s) in the respective files. By this common order, 06 aforementioned cases i.e. 03 egular Second Appeal bearing RSA Nos. 2783, 3439 & 3736 03 Civil Revisions bearing CR Nos. 4006, 4007 and 3956 disposed of as similar facts are involved therein. At the very outset, by placing on record order dated 26.04.2023 passed by the learned Executing Court, Guhla, in EXE/08/2019 (in RSA-2783-2018 and CR 03.05.2023 passed in EXE/10/2019 (in RSA and (iii) order dated 26.04.2023 passed i 2018 and CR-3956-2018), learned counsel for plaintiff No. 1 and 2/Decree-Holders (in all the 06 cases) in all the cases as, the decree stands fully satisfied learned Executing Court; and the aforesaid the plaintiff/respondents No. 1 and 2/Decree being fully satisfied. CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA . Rakesh Nagpal, Advocate (s) (RSA Nos. 2783, 3439 & 3736-2018). Suraj Kaundal, Advocate for Mr. PC Chaudhary, Advocate (in CR Nos. 4006, 4007 and 3956-2018). Tanmoy Gupta, Advocate for respondents No. 1 and 2 (in all aforementioned 06 cases). filed on behalf of respondents No. 1 in all the aforementioned 06 cases are taken on record. Office to tag the same at the appropriate place(s) in the respective files. By this common order, 06 aforementioned cases i.e. 03 RSA Nos. 2783, 3439 & 3736-2018 and 03 Civil Revisions bearing CR Nos. 4006, 4007 and 3956-2018, are being disposed of as similar facts are involved therein. by placing on record 03 separate copies of order dated 26.04.2023 passed by the learned Executing Court, Guhla, in 2018 and CR-4006-2018); (ii) order dated EXE/10/2019 (in RSA-3439-2018 and CR-4007- passed in EXE/14/2019 (in RSA- learned counsel for plaintiff-respondents (in all the 06 cases) submits that nothing the decree stands fully satisfied before the aforesaid Execution Petition(s) filed by /Decree-Holders were dismissed as filed on behalf of respondents No. 1 By this common order, 06 aforementioned cases i.e. 03 2018 and 2018, are being of order dated 26.04.2023 passed by the learned Executing Court, Guhla, in order dated respondents submits that nothing before the filed by dismissed as RISHU KATARIA 2025.05.03 17:49 I attest to the accuracy and authenticity of this order/judgment. RSA-2783- and other connected matters second appeals) and learned counsel for the petitioners (in all revision petitions) ha learned counsel for respondents No. 1 and 2 second appeals bearing Revisions bearing CR Nos. 4006, 4007 and 3956 accordingly. disposed of. of other connected cases. 29.04.2025 rishu -2018 (O&M) other connected matters -3- Learned counsel for the appellant appeals) and learned counsel for the petitioners (in all revision have not been able to controvert the aforesaid submissions learned counsel for respondents No. 1 and 2 In view of the above, all the aforementioned 06 cases i.e. 0 second appeals bearing RSA Nos. 2783, 3439 & 3736 Revisions bearing CR Nos. 4006, 4007 and 3956 accordingly. Pending application(s) (in all cases) of. Registry is directed to place a copy of this order on the files of other connected cases. .2025 Whether speaking/reasoned Whether Reportable Learned counsel for the appellant-defendant No.3 (in all appeals) and learned counsel for the petitioners (in all revision not been able to controvert the aforesaid submissions of learned counsel for respondents No. 1 and 2/plaintiffs/Decree-Holders. aforementioned 06 cases i.e. 03 RSA Nos. 2783, 3439 & 3736-2018; and 03 Civil Revisions bearing CR Nos. 4006, 4007 and 3956-2018 are disposed of, (in all cases), if any, shall also stand Registry is directed to place a copy of this order on the files ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned Yes/No Yes/No (in all appeals) and learned counsel for the petitioners (in all revision of and 03 Civil disposed of, , if any, shall also stand Registry is directed to place a copy of this order on the files RISHU KATARIA 2025.05.03 17:49 I attest to the accuracy and authenticity of this order/judgment.