M/S FATEHGARH TRANSPORT COMPANY REGD v. STATE OF PUNJAB AND ORS
CWP/4044/2024 · 2025-05-23
Harsimran Singh Sethi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25892 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25892 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CWP-4044-2024 and CWP-4272-2024 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (Sr. No. 201) (1) CWP-4044-2024 Date of Decision : 23.05.2025 M/s Fatehgarh Transport Company Regd. ...Petitioner Versus
State of Punjab and others ...Respondents (2) CWP-4272-2024 Manbeer Singh ...Petitioner Versus
State of Punjab and others ...Respondents
CORAM:
HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present: Mr. Rohit Kapoor, Advocate for the petitioner(s) in both cases. Mr. T.P.S. Chawla, Senior Deputy Advocate General, Punjab. Mr. Raj Kaushik, Advocate for respondent No. 5 in both cases. *** Harsimran Singh Sethi J. (Oral)
1. In the present petitions, the challenge is to the order dated 11.01.2024 (Annexure P-11) passed by the Punjab State Transport Appellate Tribunal in respect of the grievance raised by respondent No. 5.
2.
Learned counsel for the petitioner(s) argues that certain documents in support of the defence to the allegations made by respondent Kanchan 2025.05.28 17:53 I attest to the accuracy and integrity of this
order/judgment
CWP-4044-2024 and CWP-4272-2024 2 No. 5 were brought on record and though, the said documents have been noticed in the impugned order but not discussed upon while passing the impugned order, which has been passed against the interest of the petitioner(s) in the present petitions.
3.
Learned counsel for respondent No. 5, on the other hand, submits that certain documents which were not in the possession of respondent No. 5 at the time of the appeal but very material, could not be brought on record so as to press the prayer though, the Tribunal even in the absence of the said documents had accepted the claim of respondent No. 5.
4. Keeping in view the totality of the circumstances as, petitioner(s) as well as private respondent No. 5 intend to agitate the issue before the State Appellate Tribunal again by placing on record all the documents which are already on record or which can be brought on record by way of an application so as to support all the pleas including the plea of limitation as jointly prayed, the impugned order dated 11.01.2024 (Annexure P-11) is set-aside and the petitions are remanded back to the Appellate Tribunal for fresh adjudication upon the matter as observed here-in-before.
5. Parties are directed to appear before the Appellate Tribunal on
17.06.2025.
6. Any document needs to be presented by either of the parties be presented within a period of one month from the date of appearance before the Appellate Tribunal and the Appellate Tribunal is requested to pass appropriate order on the respective pleas of the parties by taking into
consideration the material which has come on record. Kanchan 2025.05.28 17:53 I attest to the accuracy and integrity of this
order/judgment
CWP-4044-2024 and CWP-4272-2024 3
7. Petitions are disposed of in above terms.
8. Pending miscellaneous application, if any, also stands disposed of.
9. A photocopy of this order be placed on the file of connected cases. May 23, 2025 (HARSIMRAN SINGH SETHI) kanchan JUDGE Whether speaking/reasoned : Yes Whether reportable : No Kanchan 2025.05.28 17:53 I attest to the accuracy and integrity of this
order/judgment