Petitioners filed a writ to stop recovery proceedings pending appeal. The Court held the writ petition was wholly misconceived, noting recovery is permissible during appeal pendency, and dismissed it.
The writ petition was dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3375/2021
Versus
----Respondents
For Petitioner(s) : Mr. Abhisar for Mr. N K Tiwari For Respondent(s) : Mr. Indresh Sharma
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
06/04/2021
Learned counsel appearing as Caveator on behalf of respondent No.2 stated that appeal has been preferred by the petitioners which is pending before the Registrar, Cooperative Societies who hears these types of cases every Monday.
Learned counsel for the petitioners submits that they have to approach this Court as during the pendency of appeal, the respondents seek to recover the amount under the recovery
(2 of 2)
[CW-3375/2021]
certificate. It is made clear that if the appeal is finally decided in favour of the petitioners, they would be entitled for refund of the amount or part thereof as directed by the Court. However, the writ petition would not lie merely because the Registrar has not granted stay.
The writ petition is wholly misconceived and the same is accordingly dismissed with the aforesaid observations.
(SANJEEV PRAKASH SHARMA),J
NITIN/75
1 issue framed by the court
Whether the writ petition filed to restrain recovery proceedings during pendency of appeal is maintainable.
Kaushlya Devi
Rajulal Meena
Sub Registrar, Sub Registrar Sahkari Samiti Jaipur
Manager, The Rajputana Mahila Urban Cooperative Bank Ltd.
Registrar, Cooperative Societies, Rajasthan
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
