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2025 DAILYLAW 67665 (PNJ)

PUNJAB AND SIND BANK v. VARINDER SINGH BRAR, SSP FAZILKA AND ANOTHER

COCP/3427/2025 · 2025-07-18

Vikas Bahl

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA 103 PUNJAB AND SIND BANK VARINDER SINGH BRAR CORAM: HON’BLE MR Present: Mr. Mr. Akhil Kamra, A.A.G., Punjab and Insp. Parmila Rani. VIKAS BAHL 1. This petition Courts Act, 1971 and under Article 215 of the Constitution of India for taking action against the respondents for intentionally and willfully violating and disobeying order dated 28.01.2025 passed CWP No.2199 of 2025. 2. Learned State counsel has submitted that in paragraph No.6 of the petition, it is case of the petitioner that the loan accounts of M/S Kay Bee Cotgin Pvt. Ltd. have been declared NPA due to non pa the Bank. It is submitted that the said M/S Kay Bee Cotgin Pvt. Ltd. had writ petition No.31910 of 20 further directions had therein to not to proceed further and keep the attachment intact till disposal of that writ petition. The order dated 27.11.2024 passed in that writ petition is reproduced as under: M/S KAY BEE COTGIN PVT LTD. V/S STATE OF PUNJAB AND ORS. Present: Mr. Rajiv Agnihotri, Advocate for the petitioner(s). IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No Date of decision: PUNJAB AND SIND BANK Versus VARINDER SINGH BRAR AND ANOTHER HON’BLE MR. JUSTICE VIKAS BAHL Mr. A.B.S. Sidhu, Advocate for the petitioner Mr. Akhil Kamra, A.A.G., Punjab and Insp. Parmila Rani. **** VIKAS BAHL, J. (oral) This petition has been filed under Sections 11 and 12 of the Contempt of Courts Act, 1971 and under Article 215 of the Constitution of India for taking action against the respondents for intentionally and willfully violating and disobeying order dated 28.01.2025 passed by Division Bench of this Court in CWP No.2199 of 2025. Learned State counsel has submitted that in paragraph No.6 of the petition, it is case of the petitioner that the loan accounts of M/S Kay Bee Cotgin Pvt. Ltd. have been declared NPA due to non pa submitted that the said M/S Kay Bee Cotgin Pvt. Ltd. had writ petition No.31910 of 2024 in which notice of motion had further directions had been issued by the Division Bench not to proceed further and keep the attachment intact till disposal of that writ petition. The order dated 27.11.2024 passed in that writ petition is reproduced as under:- “122 CWP-31910-2024 M/S KAY BEE COTGIN PVT LTD. V/S STATE OF PUNJAB AND ORS. Present: Mr. Rajiv Agnihotri, Advocate for the petitioner(s). IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.3427 of 2025 Date of decision: 18.07.2025 …. Petitioner AND ANOTHER …. Respondents VIKAS BAHL , Advocate for the petitioner (through V.C.). Mr. Akhil Kamra, A.A.G., Punjab and has been filed under Sections 11 and 12 of the Contempt of Courts Act, 1971 and under Article 215 of the Constitution of India for taking action against the respondents for intentionally and willfully violating and by Division Bench of this Court in Learned State counsel has submitted that in paragraph No.6 of the petition, it is case of the petitioner that the loan accounts of M/S Kay Bee Cotgin Pvt. Ltd. have been declared NPA due to non payment of the dues of submitted that the said M/S Kay Bee Cotgin Pvt. Ltd. had filed 24 in which notice of motion had been issued and been issued by the Division Bench to the respondents not to proceed further and keep the attachment intact till disposal of that writ petition. The order dated 27.11.2024 passed in that writ petition is M/S KAY BEE COTGIN PVT LTD. V/S STATE OF PUNJAB AND Present: Mr. Rajiv Agnihotri, Advocate for the petitioner(s). has been filed under Sections 11 and 12 of the Contempt of Courts Act, 1971 and under Article 215 of the Constitution of India for taking action against the respondents for intentionally and willfully violating and by Division Bench of this Court in Learned State counsel has submitted that in paragraph No.6 of the petition, it is case of the petitioner that the loan accounts of M/S Kay Bee yment of the dues of filed sued and the respondents not to proceed further and keep the attachment intact till disposal of that writ petition. The order dated 27.11.2024 passed in that writ petition is M/S KAY BEE COTGIN PVT LTD. V/S STATE OF PUNJAB AND Jyoti 2025.07.19 09:47 I attest to the accuracy and integrity of this document COCP No.3427 of 2025 -2- **** Notice of motion. Mr. Saurabh Kapoor, Addl. AG, Punjab, accepts notice for the respondents-State and seeks time to get instructions and to file reply, if any. Let requisite copies of the complete paper book be handed over to the learned State counsel, during the course of the day. Adjourned to 17.02.2025. Response, if any, be filed a week before the adjourned date of hearing with an advance copy to the counsel opposite. It is stated that attachment of the property of the petitioner has already been done by the respondents. We, therefore, direct the respondents not to further proceed and keep the attachment intact till disposal of the writ petition. To be listed along with CWP-28881-2023 and CWP-28067- 2023.” 3. Learned State counsel has further placed on record the speaking order dated 23.04.2025 passed by Senior Superintendent of Police, Fazilka in which it has been stated that the petitioner never approached the concerned Police Station with relevant documents. A copy of the said speaking order is taken on record as Mark-A and the same is supplied to counsel for the petitioner. 4. A perusal of the paperbook would show that the order dated 04.10.2024 has not been annexed. 5. Learned counsel for the petitioner submits that in view of the same, the petitioner be permitted to withdraw the present petition at this stage and liberty be granted to the petitioner to file a fresh petition after going through all the said documents/orders and getting necessary instructions in this regard. 6. In view of the same, the present petition is disposed of with the aforesaid liberty. (VIKAS BAHL) 18.07.2025 JUDGE Jyoti-IV Whether speaking/reasoned: Yes/No. Whether reportable : Yes/No Jyoti 2025.07.19 09:47 I attest to the accuracy and integrity of this document