Court No. - 59
Case :- WRIT - C No. - 42220 of 2019 Petitioner :- Hdfc Bank Ltd Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Ravi Prakash Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
The instant petition is directed against the recovery order dated 8.11.2019 passed by respondent no.2 and consequential order dated 11.12.2019.
Indisputably, there is an order dated 26.5.2014 passed by Employees Compensation Commissioner in favour of respondents no.6 to 9 and against the petitioner awarding Rs.5,57,560/- as compensation. The petitioner has challenged the said award by filing an appeal before this Court which is lying defective, as it was presented beyond the limitation prescribed. It is admitted by learned counsel for the petitioner that the statutory deposit, which is required to be made while filing appeal, was also not made. There is also no stay of the award in the appeal filed by the petitioner. Consequently, the impugned recovery order has been issued.
Learned counsel for the petitioner submitted that till the stay application is taken up for consideration by the Appellate Court, the interest of the petitioner be protected.
Since there is no stay in appeal filed by the petitioner and also for the reason that the petitioner had not made statutory deposit, which is a pre condition for entertainment of an appeal, the consequences flowing out of passing of the award against the petitioner have to ensue. Consequently, this Court finds no illegality in the recovery proceedings initiated against the petitioner.
The petition lacks merit and is dismissed.
(Manoj Kumar Gupta, J) Order Date :- 19.12.2019 SL