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Judgment
Viney Mittal, J.—The petitioner company has challenged the orders dated June 28,2006 (Annexure P.15) passed by the Dispute Settlement Authority, respondent No. 3.
Primarily, the aforesaid order has been passed by the Dispute Settlement Authority on account of the fact in spite of opportunities having been granted to the petitioner, no written arguments were placed on record. Even oral arguments were not addressed.
Shri G.S. Gandhi, the learned Counsel appearing for the petitioner company has contended that due to unavoidable circumstances, the Managing Director of the petitioner company had to go to his native village on account of some family problems and, therefore, the needful could not be done on the date when the proceedings were fixed before the Dispute Settlement Authority. Shri Gandhi states that only one opportunity be granted to the petitioner to do the needful now.
Notice of motion to the respondents.
On the asking of Court, Shri Sukhdip Singh Brar, Additional Advocate General, Punjab accepts notice on behalf of the respondents.
Copies of the writ petition have been supplied to the learned Counsel for the respondents.
Keeping in view the fact that the order (Annexure P.15) had been passed by the Dispute Settlement Authority primarily on the ground that no written arguments were placed on record, nor oral arguments were addressed, in spite of opportunities having been granted to the petitioner company by the Dispute Settlement Authority and also the fact that the Managing Director of the petitioner company had some personal difficulty on the date which was fixed before the Dispute Settlement Authority, we permit the petitioner company to place the written arguments now before the Dispute Settlement Authority.
Consequently, we dispose of the present petition with a liberty to the petitioner company to place the written arguments within a period of four weeks from the date a certified copy of this order is received. On receipt of the aforesaid written arguments, the Dispute Settlement Authority shall reconsider the claim made by the petitioner and pass a detailed and speaking order within a further period of four months from the date of filing of the written arguments, uninfluenced by the earlier order dated June 28, 2006 (Annexure P.15).
A copy of the order be given dasti on payment of usual charges.