Devi Dayal High School vs The Union of India and Others

R.S. Garg, J.—Heard learned counsel for the parties. The petitioner had earlier came to this Court in C.W.J.C. No. 5118 of 1999 which was disposed of on 24.7.2003 with liberty in favour of the petitioner to file the statutory appeal. The petitioner accordingly filed a statutory appeal. Taking advantage of the absence of the Presiding Officer, the respondents started the recovery proceedings, the petitioner appeared before the Recovery Officer and deposited a sum of Rs. 1,50,000/-. Taking further advantage of the absence of the Presiding Officer the respondents tried to execute the arrest warrant and compelled the petitioner to issue post dated cheques. On petitioner''s issuing the post dated cheques the warrants of arrest has been kept in abeyance.

Taking into consideration that the respondents in fact were trying to take advantage of the absence of the Presiding Officer I must observe that it was not fair on their part. If the petitioner deposits a sum of Rs. 50,000/- within a week in addition to what has already been deposited by him then ail recovery proceedings shall remain stayed till final disposal of his appeal. The petition to the extent indicated above is allowed.