Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 5964 of 2019 Petitioner :- Ajeet Chaudhary And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Sharma Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
Heard counsel for the petitioners and learned standing counsel for respondents no.1 to 3.
The Tribunal has admitted the appeal and has granted stay on the condition that the petitioners deposit 50% of the amount imposed upon them as penalty.
Counsel for the petitioners submitted that the petitioners are poor person and that they had not made any adulteration. It is submitted that the condition imposed by the appellate court is onerous and would render the appeal infructuous as they are not in a position to deposit the amount in question.
Having regard to the fact of the case and the submissions made by learned counsel for the parties, this Court is of the opinion that interest of justice would be served in permitting the petitioners to deposit 25% of the penalty amount, subject to which execution of the order under challenge in appeal, shall remain stayed.
It is directed accordingly. The petition stands disposed of.
(Manoj Kumar Gupta, J) Order Date :- 26.8.2019 SL