Court No. - 7
Case :- WRIT - C No. - 40778 of 2018 Petitioner :- Dinesh Pratap Singh Respondent :- State Of U P And 3 Others Counsel for Petitioner :- O.P.S. Rathore,R.P.S. Chauhan Counsel for Respondent :- C.S.C.,Ashutosh Srivastava,Baleshwar Chaturvedi
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the petitioner and Sri Ashutosh Srivastava, Advocate has appeared for the respondent no. 4 and Sri Baleshwar Chaturvedi, Advocate has appeared for the respondent no. 3.
2. Presently, the petitioner's appeal has been dismissed on account of non-payment of the pre-deposit required under Section 127.
3. Learned counsel for the petitioner submits that though no deposit has been made, yet, the respondents are obliged to make a final assessment which has yet not been done.
4. In view of the above, while no error appears to exist in the order dated 01.06.2018 by which the appeal filed by the petitioner was dismissed on account of non compliance of the provision of pre-deposit, in view of the fact that appeal was apparently filed in compliance of the direction issued by a Division Bench of this Court in Writ Petition No. 12198 of 2018 decided on 24.11.2018. Insofar as the other objections has been raised by the petitioner, it shall remain open to the respondent-bank to make a final assessment in accordance with law.
5. Subject to the petitioner filing objection if any within a period of two weeks from today along with a certified copy of this order, final assessment order may be made strictly in accordance with law within a period of two weeks therefrom.
6. It is further clarified that this Court has not stayed the recovery that is being pursued under the provisional assessment order.
7. Accordingly, the writ petition is disposed of.
Order Date :- 21.1.2019 S.Chaurasia