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2025 DAILYLAW 3541 (JK)

M/S ISHWAR RICE AND GENERAL MILLS PVT. LTD. TH. NARINDER PAL SINGH v. PUNJAB AND SIND BANK TH. ITS CHIEF MANAGER

CM(M)/141/2024 · 2025-06-04

Shahzad Azeem, Sindhu Sharma

body2025

Judgment text

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Sr. No. 10 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM(M) No. 141/2024 CM No. 3590/2024 CM No. 3591/2024 M/s Ishwar Rice and General Mills Pvt. Ltd. …. Petitioner/Appellant(s) Through:- Mr. Suresh Kumar, Advocate. V/s Punjab and Sind Bank …..Respondent(s) Through:- Mr. Sandeep Singh, Advocate. CORAM: HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE HON’BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE ORDER 04.06.2025 01. The petitioner has assailed the order dated 30.05.2024 passed by the learned Presiding Officer, Debt Recovery Tribunal-I (hereinafter referred to as ‘DRT’), Chandigarh in TSA No. 53/2022 titled ‘M/s Ishwar Rice & General Mills Pvt. Ltd. vs. Punjab & Sind Bank’, whereby the DRT dismissed the application of the petitioner seeking permission to lead evidence, holding that the same was devoid of merit. 02. Aggrieved by the order passed by the DRT, the petitioner has filed the present writ petition, in which notice was issued to the respondent- Bank on 10.07.2024 and the DRT was directed not to proceed further in TSA No. 53/2022 titled M/s Ishwar Rice & General Mills Pvt. Ltd. vs. Punjab & Sind Bank. 03. Mr. Sandeep Singh, learned counsel for the respondent, submits that the petitioner had earlier approached this Court by way of CM(M) No. 254/2023, which was disposed of by the Hon’ble Division Bench of this CM(M) No. 141/2024 Court on 18.03.2024 with a direction to the DRT to consider and decide the main appeal within three months from the date a copy of the said order is supplied by the petitioner. Thereafter, the matter has remained pending for consideration. 04. Learned counsel for the petitioner submits that he only seeks an opportunity to adduce evidence, to which learned counsel for the respondent has raised no objection. 05. Since the main appeal is still pending consideration before the DRT, no useful purpose would be served by keeping this writ petition pending. 06. With the consent of learned counsel for the parties, this petition is disposed of by setting aside the order dated 30.05.2024. The DRT is directed to grant one opportunity to the petitioner to produce evidence. It is, however, made clear that in case the petitioner fails to produce evidence on the date to be fixed by the DRT, his right to lead evidence shall stand closed, and the matter shall thereafter be heard and decided on its merits. 07. The parties are directed to appear before the DRT on 15.07.2025 for further proceedings. 08. Disposed of accordingly. (Shahzad Azeem) (Sindhu Sharma) Judge Judge Jammu: 04.06.2025 Michal Sharma/PS