ORDER

Delay condoned.

2. Leave granted.

3. Heard learned counsel for the parties.

4. This Court on 9th September, 2008 has given a proposal to the counsel for the parties to the effect that paddy/rice, which is a perishable item lying in the court custody, be sold by public auction to be conducted by the court to avoid any further loss and the sale proceeds be deposited in the court and the court shall keep the said amount in a fixed deposit receipt in a nationalised bank to earn interest on the said amount. But in the meantime, complaint filed by M/s. Punjab State Civil Supplies Corporation Ltd. (in short ‘PUNSUP’) and declaration suit may continue and on the end of the proceedings whosoever is found entitled shall get the sale proceeds received by public auction along with interest accrued thereon. It was made clear to all the parties that whosoever would be responsible for causing loss should make good the difference of the actual amount minus the sale proceeds to the other party along with interest as directed by the court.

5. Today, Mrs. Jayashree Wad, learned counsel appearing for the PUNSUP, submits that the said proposal for selling the paddy/rice by public auction is accep