Disposed

Indus Technical Educcation Society v. Nagar Nigam Kanpur and Another

Allahabad HC12 Apr 2022A227/2577/2022

Case brief

AI extract

What is this about?

The High Court directed the Small Causes Court in Kanpur to expeditiously decide an application for condonation of delay under Section 5 of the Limitation Act pending before it in tax appeal proceedings. The Court restrained respondents from taking coercive measures against the educational society until the appeal is disposed of, noting the question of statutory compliance arises only after the li

What did the court decide?

Direction to decide Section 5 Limitation Act application within one month; restraint on coercive measures against petitioner until tax appeal disposal.

Indus Technical Educcation Society Vs Nagar… — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 9

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Case :- MATTERS UNDER ARTICLE 227 No. - 2577 of 2022

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Petitioner :- Indus Technical Education Society Respondent :- Nagar Nigam Kanpur And Another Counsel for Petitioner :- Ashish Kumar Singh,Mohit Singh Counsel for Respondent :- Vaibhav Dixit

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Hon'ble Chandra Kumar Rai,J.

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Heard Mr. Ashish Kumar Singh, learned counsel for the petitioner and Mr. Vaibhav Dixit, learned counsel for respondent nos.1 and 2.

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The instant petition has been filed to direct the Judge Small Causes Court, Kanpur Nagar to decide the Tax Appeal No.2 of 2021 (Indus Technical Education Society Vs. Nagar Nigam and another) filed on 12.02.2021, under Sections 472 and 473 (1) of Municipal Corporation Act, 1959 and till then the respondent be restrained from adopting any coercive measure against the petitioner society/institution.

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Learned counsel for the petitioner contended that the tax appeal along with the application under Section 5 of Limitation Act have been filed on 12.02.2022 since then, the court below have not disposed of the said application. He further contended that the petitioner is running an educational institution, namely, Kanpur Institute of Technology since 2004 and the respondents have attached bank account of petitioners-society due to which institution is not in a position to disburse the salary of their employees.

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On the other hand, Sri Vaibhav Dixit, learned counsel for respondent argued that the petitioner has not impleaded the court concerned in which the appeal is pending and petitioner himself is not pressing the appeal and application under Section 5 of Limitation Act before the court below. He further argued that unless petitioner complied the conditions of Section 472 (2) (e) of Municipal Corporation Act, 1959, no interim protection can be given to the petitioner.

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Hearing the counsel for the parties, the Court is of the view that if appeal along with application under Section 5 of Limitation Act has been filed before the court below, it is the duty of the court below to first decide application under Section 5 of Limitation Act expeditiously. The

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resultant situation is that even though appeal is slated for hearing before the authority concerned, a damocles sword is hanging over on the petitioner on account of absence of any interim order during the pendency of the appeal, which would be in the teeth of law. Question of compliance of provision of Section 472 (2) (e) of the Municipal Corporation Act,1959 will come in picture after disposal of application under Section 5 of Limitation Act.

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A copy of the order sheet has been annexed as Annexure No.8 to the petition in order to demonstrate that the case is not proceeding expeditiously.

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In view of the facts and circumstances, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the concerned court below to consider and decide the application under Section 5 of Limitation Act in support of Tax Appeal No.2 of 2021 (Indus Technical Education Society Vs. Nagar Nigam and another) within a period of one month from the date of production of certified copy of this order after giving opportunity to the parties concerned and without granting unnecessary adjournment to either of the parties and after disposal of application under Section 5 of Limitation Act, the Tax appeal will be heard and decided in accordance with law within next one month thereafter.

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Till the disposal of the Tax Appeal No.2 of 2021, no coercive measure will be taken against the petitioner. Needless to say that if the application under Section 5 of Limitation Act is decided in favour of petitioner then petitioner-society will comply the provision of Section 472 (2) (e) of the Municipal Corporation Act, 1959 in accordance with law.

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Order Date :- 12.4.2022 Rameez

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Digitally signed by RAMEEZ AHMED Date: 2022.04.13 16:48:41 IST Reason: Location: High Court of Judicature at Allahabad

Indus Technical Educcation Society v. Nagar Nigam Kanpur and Another

Case brief

What is this about?

What did the court decide?

Indus Technical Educcation Society v. Nagar Nigam Kanpur and Another

Case brief

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What did the court decide?

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