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2021 Supreme(P&H) 995
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Ritu Bahri, Archana Puri, JJ.
Wahid Sandhar Sugars Ltd. - Appellant
Versus
State Of Punjab - Respondent
LPA-520-2021
Decided On : 09-06-2021
Mr. Rahul Sharma-I, Advocate, for the Appellant.
Headnote:
Attachment - Sugar Mill Accounts - The court modified the order directing attachment of the Sugar Mill's accounts, allowing the appellant to make representations to the SDM for necessary payments.
Fact of the Case:
The appellant appealed against the order directing attachment of the Sugar Mill's accounts, citing the need to make various mandatory payments in addition to farmers' dues and workmen's salaries.
Finding of the Court:
The court modified the order, allowing the appellant to make representations to the SDM for necessary payments, considering the mandatory monthly payments required by the Sugar Mill.
Issues: Attachment of Sugar Mill accounts, scope of permissible payments by the Sugar Mill.
Ratio Decidendi: The court considered the appellant's argument regarding the necessity of making various mandatory payments and modified the order to allow representations to the SDM for approval of such payments.
Final Decision: The court modified the order dated 24.05.2021, allowing the appellant to make representations to the SDM, Phagwara for necessary payments, considering the mandatory monthly payments required by the Sugar Mill.
ORDER
Ritu Bahri, J. (Oral). - The appellant has come up in appeal against the order dated 24.05.2021 passed in CWP-10076-2021 whereby all the accounts of the appellant/Sugar Mill have been directed to be attached and no money can be withdrawn by the Sugar Mill except making payment to farmers' dues and the salary to workmen.
2. Learned counsel for the appellant states that apart from salary to the workmen and payment to farmers' dues, there are other payments which are required to be made by the Sugar Mill every month. These payments include provident fund dues, GST deposit, electricity bill, TDS deposit, bank interest, bank installments, contractor and plant creditors and administrative expenses. The total amount including the salary comes to Rs.5,35,00,000/- approximately every month.
3. At this stage, Ms. Diya Sodhi, Assistant Advocate General, Punjab, has emailed order dated 07.06.2021 passed by the Deputy Commissioner, Kapurthala. A perusal of this order shows that SDM, Phagwara has been directed to attach all the bank accounts of the Sugar Mill. However if more payment is required to be made by Sugar Mill then the same has to be sanctioned by SDM, Phagwara.
4. Since Sugar Mill is required to make some mandatory payments every month as reflected at page 9 of the paper-book, this appeal is being disposed of and order dated 24.05.2021 is being modified that appellant can make representation to the SDM, Phagwara giving details of the payments to be made every month. The SDM, Phagwara will take a decision on the said representation within a period of two weeks.
