SHYAM LAL BIRI MERCHANT Vs. UNION OF INDIA UOI
LAWS(ALL)-1992-11-18
HIGH COURT OF ALLAHABAD
Decided on November 02,1992

SHYAM LAL BIRI MERCHANT Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) Heard learned Counsel for the parties.
(2.) In view of learned Counsel for the parties agreeing the present petition is being disposed of finally at the admission stage.
(3.) The petitioner seeks quashing of order dated 22nd September, 1992 (Annexure A-6 to the writ petition) and directing the concerned respondent to accept Bank Guarantee to the tune of Rs. 80,000/- instead of cash deposit. The petitioner for this purpose filed earlier writ petition in this Court which was disposed of with the direction that petitioner to comply with the Tribunal orders within a period of one month. The present writ petition has been filed on the ground that in spite of the best efforts of the petitioner on account of the financial condition to which the Tribunal has not adverted, he is not able to make the said payment in cash. The petitioner has further urged that he is ready to deposit Rs. 30,000/- in cash and Bank Guarantee for the balance of Rs. 50,000/-. To this learned Counsel for the respondent, Shri U.N. Sharma, Chief Standing Counsel appearing for Union of India has no objection to the same. In view of this we direct Appellate Tribunal respondent No, 2 to accept Rs. 30,000/- in cash and bank guarantee to the tune of Rs. 50,000/- from the petitioner and dispose of the appeal pending in accordance with law. Since the appeal has been dismissed for non-compliance of deposit of Rs. 80,000/- in cash, we quash the order of the Tribunal (Annexure A-6 to the writ petition) and direct the Tribunal to bring back on record the said appeal and decide in accordance with law expeditiously if possible within a period of three months from the date of filing of certified copy of our order before it, The petitioner will serve certified copy of this order within 10 days from today.;


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