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    Wric (A) 4630 2024

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    Swaminathan Subramanian
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    Wric (A) 4630 2024

    Uploaded by

    Swaminathan Subramanian
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    Writ

    Original Title

    WRIC(A)_4630_2024

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    3 views4 pages

    Wric (A) 4630 2024

    Uploaded by

    Swaminathan Subramanian
    Writ

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4

    Court No.

    - 39

    Case :- WRIT - C No. - 4630 of 2024

    Petitioner :- Gunnebo India Private Limited And Another


    Respondent :- Canara Bank Circle Office And 2 Others
    Counsel for Petitioner :- Pratik J. Nagar
    Counsel for Respondent :- Krishna Mohan Asthana

    Hon'ble Saumitra Dayal Singh,J.


    Hon'ble Manjive Shukla,J.
    On the request made on behalf of Mr. Krishna Mohan Asthana put
    up as fresh on 26.02.2024. In the meanwhile, the goods that have
    been supplied by the petitioner may be kept safe till the next date.
    Order Date :- 19.2.2024
    Gaurav

    (Manjive Shukla, J.) (S.D. Singh, J.)

    Digitally signed by :-
    GAURAV PATEL
    High Court of Judicature at Allahabad
    Neutral Citation No. - 2024:AHC:33204-DB
    Court No. - 39

    Case :- WRIT - C No. - 4630 of 2024

    Petitioner :- Gunnebo India Private Limited And Another


    Respondent :- Canara Bank Circle Office And 2 Others
    Counsel for Petitioner :- Pratik J. Nagar
    Counsel for Respondent :- Krishna Mohan Asthana

    Hon'ble Saumitra Dayal Singh,J.


    Hon'ble Surendra Singh-I,J.
    1. Heard Sri M.C.Chaturvedi, learned Senior Counsel assisted by
    Sri Pratik J. Nagar and Ms. Jayeeta Sen Gupta, learned counsel for
    the petitioners, Sri Krishna Mohan Asthana, learned counsel for
    the Bank and learned Standing Counsel.

    2. The petitioners are aggrieved by the rejection of their goods


    supplied to the respondent-Bank. At present, that rejection has
    arisen solely on the strength of test report dated 14.08.2023
    submitted by Gujrat Test House, Ahmadabad.

    3. The petitioners dispute the said test report. They seek re-test.
    Reliance has been placed on the recital of the Joint Team noted on
    the test report itself providing for a re-test.

    4. Sri Asthana states that the goods have been found to be


    substandard. They cannot be accepted by the respondent-Bank. On
    query made if the bank could have any objection to the goods
    being tested at the same laboratory on the cost bonded by the
    petitioner, he has expressed objection. He insists that the report of
    Gujrat Test House is sufficient to reject the goods.

    5. We are not convinced of the correctness of the stand of the bank


    to proceed to reject the entire consignment in facts that are unclear.
    The recital of the Joint Team as recorded under test report reads as
    below:-

    "After reviewing video recording.

    Variation of 15 seconds during start/stop with impact tool may be possible. In


    a view of this Laboratory has already recommended for re-testing of sample
    from the same sample lot."

    6. No valid objection may survive in face of the further statement


    of learned Senior counsel for the petitioner that the petitioner will
    bear the cost for the re-test that may be done by the same testing
    laboratory namely Gujrat Test House, Ahmadabad.

    7. Accordingly, the writ petition is disposed of with the direction


    on the respondent bank to ensure re-testing of another sample of
    the same goods supplied by the petitioner. For that purpose, it may
    intimate to the petitioner the amount required to be deposited,
    within a period of two weeks from today. The petitioner
    undertakes to deposit the said amount without 48 hours from
    communication of the requirement to make deposit.

    8. On such compliance is made, a fresh sample of the goods may


    be re-tested by Gujrat Test House Ahmadabad. The parties to
    proceed accordingly.

    9. Till the communication of the fresh test report, the respondent


    bank shall remain obligated to retain the goods supplied by the
    petitioner in good condition.

    Order Date :- 26.2.2024


    Pratima
    (Surendra Singh-I, J) (S.D. Singh, J)

    Digitally signed by :-
    PRATIMA AGRAHARI
    High Court of Judicature at Allahabad
    Court No. - 39

    Case :- WRIT - C No. - 4630 of 2024

    Petitioner :- Gunnebo India Private Limited And Another


    Respondent :- Canara Bank Circle Office And 2 Others
    Counsel for Petitioner :- Pratik J. Nagar
    Counsel for Respondent :- Krishna Mohan Asthana

    Hon'ble Saumitra Dayal Singh,J.


    Hon'ble Surendra Singh-I,J.

    In re : C.M. Correction Application No. 01 of 2024.

    1. This is an application seeking correction in the order dated


    26.02.2024.

    2. The application is allowed.

    3. The word 'without' appearing in the sixth line of the seventh


    paragraph of the order dated 26.02.2024 be deleted and replaced
    with 'within'.

    Order Date :- 7.3.2024


    SA

    (Surendra Singh-I, J.) (S.D. Singh, J.)

    Digitally signed by :-
    SALMAN ALI
    High Court of Judicature at Allahabad

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