Disposed

Rajwati v. State of U P and 3 Others

Allahabad HC10 Dec 2018WRIC/40454/2018

Case brief

AI extract

What is this about?

The High Court directed the petitioner to deposit one-third of the disputed amount within one month to secure a stay on recovery proceedings in two pending appeals. Failure to comply would allow recovery under the existing certificate.

What did the court decide?

Petitioner directed to deposit one-third of disputed amount within one month; recovery certificate stayed contingent on deposit.

Rajwati Vs State of U P and 3 Others — Allahabad HC (2018) — LawSathi Research

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Court No. - 30

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Case :- WRIT - C No. - 40454 of 2018

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Petitioner :- Rajwati Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Ajay Kumar Srivastava Counsel for Respondent :- C.S.C.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the petitioner, learned standing counsel for the State and perused the record.

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The petitioner has aggrieved against the action of the respondentsauthorities in trying to recovery the amount which are subject matter of two appeals filed by the petitioner.

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Learned counsel for the petitioner has drawn attention of this Court towards Appeal No. 01152 of 2018 which is said to be pending before the respondent no.2 and the other Appeal No.01151 of 2018.

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Learned standing counsel has drawn attention of this Court towards the provisions of Section 56(1)(a) of the Act. The proviso provides that the appeal can be entertained only when satisfactory proof of the payment of not less than 1/3rd amount of the disputed amount, the petitioner has not deposited 1/3rd amount of the disputed amount along with appeals filed by the petitioner. Thus, the appeals have not even been entertained till date.

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In similar circumstances, this Hon'ble Court vide order dated 28.11.2018 has granted indulgence to the petitioner.

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Keeping in view the facts and circumstances of the case, the petitioner is directed to make deposit of 1/3rd disputed amount in both the pending appeals within a period of one month from today on furnishing the proof of deposit as indicated above, the appeals shall be decided expeditiously, in accordance with law, preferably within a period of six months from the furnishing of the deposit proof. If the amount so directed are deposited within a period of one month, the recovery certificate dated 14.9.2018, issued by respondent no.4 against the petitioner shall remain stayed. In the event, the petitioner fail to deposit 1/3rd of the amount as contained in the recovery certificate, the respondents will be free to recover the amount in accordance with law and this order shall come to an end automatically.

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With theses observations, the writ petition is disposed of.

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Order Date :- 10.12.2018 Hasnain

Rajwati v. State of U P and 3 Others

Case brief

What is this about?

What did the court decide?

Rajwati v. State of U P and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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