VINEET KOTHARI - (1.) BOTH the learned counsels for the parties submit that controversy involved in the present writ petition is squarely covered by the decision rendered by a coordinate bench in SBCWP No. 2287/2008 - Nagaur Central Cooperative Bank Ltd. Vs. State of Rajasthan & Ors., decided on 12.10.2011.
(2.) The coordinate bench of this Court disposed of said writ petition following the judgment passed in D.B.C.S.A.W. No. 513/2008, decided on 04.07.2008. However, for the purpose of ready reference, the order dated 12.10.2011 passed in SBCWP No. 2287/08 is reproduced herein below: - Learned counsel for the respondents submits that the controversy as involved in this case is squarely covered with the judgment rendered by the Division Bench of this Court passed in D.B. Civil Special Appeal (Writ) No. 513/2008 decided on 14.07.2008, whereby the following order was passed by the Division Bench for availing the alternate remedy before the Tribunal: - Accordingly, in view of above discussion, we do not find any error in the order of learned Single Judge. The appeal is accordingly dismissed. However, the appellant is given liberty to file appeal before the Tribunal, against the order Annex.7 within the period of eight weeks from today, and recovery of the amount, levied under sec. 14 -B shall remain stayed, till the prayer is considered by the appellate tribunal, with a condition that the appellate tribunal, with a condition that appellant will deposit the amount levied under Sec. 7 -Q within the period of three weeks from today. It is further made clear that if this time, the amount under Sec. 7 -A is not deposited within three weeks, this appeal shall stand dismissed unconditionally. It is also made clear that the appellant will not be granted further extension of time. It is further directed that in case, the appellant deposits the amount, levied under Sec. 7 -Q, within the period of six weeks from today, and files the appeal, before the Tribunal, within eight weeks from today, the tribunal shall decide the appeal on merits and shall not dismiss the appeal, on the ground of limitation. In this view of the matter, this writ petition is disposed of in the above terms. However, it is made clear that till approaching the Tribunal, the stay order granted by this Court shall remain in currency till the prayer is considered by the appellate tribunal with a condition that petitioner will deposit the amount levied under Section 7 -Q within a period of six weeks from the date of receipt of certified copy of this orders. Sd/ -(GOPAL KRISHAN VYAS), J. In view of above, the present writ petition is also disposed of same terms. However, it is made clear that till approaching the Tribunal, the stay order granted by this Court on 5.7.2007 shall remain in currency till the prayer is considered by the appellate tribunal with a condition that petitioner will deposit the amount levied under Section 7 -Q within a period of six weeks from the date of receipt of certified copy of this order.;