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Judgment
The appellant filed O.A. bearing No. 1091/2018 titled as Punjab National Bank v. Kut Energy Private Limited & others which was stated to be pending before the DRT-III, Chandigarh.
The O.A. bearing No. 1091/2018 was taken up in the Lok Adalat organised on 13.07.2019. The Presiding Officer, DRT-III, Chandigarh while dealing with the said O.A. in the Lok Adalat has made the following observations:
"Copy of this order be sent to GM PNB for the carelessness and negligence on the part of applicant bank and they did not bring into my notice regarding the directions of Hon'ble Himachal Pradesh High Court for deciding this OA within four months. This case is delayed only because of careless attitude of applicant bank and it is expected from GM PNB, that he will take strict action against the responsible persons as per law, and will inform this Tribunal accordingly."
Ms. Nishi Choudhary, Counsel for appellant argued that the observation as noted herein above were totally unwarranted and were noted when the OA was taken up in the Lok Adalat on 13.07.2019. It is prayed in the present appeal that the above mentioned observations/ adverse comments against the appellant be expunged from the order dated 13.07.2019.
The perusal of order dated 13.07.2019 reflects that the O.A. was taken up for consideration in the Lok Adalat. DRT-III, Chandigarh has observed that the High Court of Himachal Pradesh has given direction on 19.03.2019 to decide the said OA within four month from the date of receipt of this order. DRT-III, Chandigarh also observed that the said fact was not brought to the notice of Presiding Officer by the appellant and disposal of OA was delayed because of the careless attitude of the appellant. The General Manager was directed to take strict action against the responsible persons as per law.
In the opinion of this Tribunal the observations as noted herein above were totally unwarranted, particularly when the OA was listed for hearing in Lok Adalat on 13.07.2019. It was also the duty of DRT-III, Chandigarh to take note the time line given by the High Court of Himachal Pradesh vide direction dated 19.03.2019 for disposal of the OA within four months.
After considering all facts, the portion of order dated 13.07.2019 which is reproduced herein above is ordered to be expunged and shall not be the part of the order dated 13.07.2019. The appeal is accordingly decided.