Allahabad High Court
M/S Shyama Ice And Cold Storage Private ... vs State Of U.P. Through And 3 Others on 1 October, 2020
Author: Anjani Kumar Mishra
Bench: Anjani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 9 Case :- WRIT - C No. - 14987 of 2020 Petitioner :- M/S Shyama Ice And Cold Storage Private Limited Respondent :- State Of U.P. Through And 3 Others Counsel for Petitioner :- Anupam Kulshreshtha Counsel for Respondent :- C.S.C. Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
The writ petition has been filed alleging that a Stamp Appeal directed against an order dated 29.12.2018, is pending consideration before the CCRA. It has also submitted that this appeal was heard finally and the judgement was reserved. However, on 26.05.2020 and four days prior to the retirement of the then CCRA, the matter was released.
It has next submitted that more than half of the deficient amount of stamp duty has already been deposited by the petitioner. On 08.10.2020 is the next date fixed in the matter.
In the meantime, recovery proceedings have been initiated and in the absence of an interim order, the recovery is being pressed by the Authorities concerned.
Having considered the submissions made and in the aforenoted factual background, this writ petition is disposed of with a direction to the CCRA to decide the appeal filed by the petitioner on the next date fixed i.e. 08.10.2020.
In case, the same for some unforseen reason is not possible, the CCRA shall consider as to whether, the recovery proceedings against the petitioner should be kept in abeyance as the statutory requirement of desposit of 1/3 of disputed amount prior to consideration a stay application, stands fulfilled, as more than half of the deficient amount is already stated to have been deposited by the petitioner.
It has further provided that the authorities may refrain from pressing the recovery proceedings against the petitioner till 08.10.2020, the next date fixed before the CCRA. Thereafter, the recovery proceedings shall necessarily abide by the order that may be passed on 08.10.2020 in pursuance of the directions issued herein-above.
Subject to the above, this writ petition stands disposed of.
Order Date :- 1.10.2020 RKM