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TMI Blog2009 (10) TMI 536X X X X Extracts X X X X X X X X Extracts X X X X ..... ned counsel on both sides. Leave granted. By consent, matter taken up for final hearing and disposed of. This appeal has been filed by Punjab Financial Corporation against tlie judgment and order dated 22 February, 2007, delivered by the division bench of tlie Punjab and Haryana Fligh Court in the case of Garg Steel v Punjab Financial Corporation and others [CWP No. 14882 of 2003]. The facts givin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ount of failure to disburse further amounts it has suffered huge losses for which damages were sought. This court had issued notice to respondent No. 1 at the admission stage as this court was, prima facie, of the view that writ petition filed in the High Court was misconceived. Accordingly, we heard the parties at length on the averments made in the original writ petition. On going through the wr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fect, seeking, indirectly, enforcement of the said back-to-back transaction between PFC and SIDBI. Further, there was no privity of contract between the borrower and SIDBI. Lastly, the point to be noted is that, as on the date of the filing of the original writ petition, respondent No. 1 was a debtor to PFC. It also appears from the averments in the original writ petition that PFC had also insiste ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... back transactions with a party with whom there was no privity of contract coupled with the claim for damages are all contractual matters un-enforceable by way of writ petitions. For the afore-stated reasons, we are of the view that the High Court should not have entertained the writ petition, particularly when contractual disputes requiring evidence existed between the borrower and lender. Before ..... X X X X Extracts X X X X X X X X Extracts X X X X
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