The Manger of Chaudhary Mahavir Prasad Memorial Mahavidyalaya, Hathiyawha, Birdpur, Siddhartha Nagar furnished a Cheque for sum of Rs. 21,87,500/- in the name of Registrar General, High Court, Allahabad with reference to the Division Bench judgment of this Court in Special Appeal No. 530 of 2007 (decided along with connected matters on 24.07.2007). The Cheque so furnished was put for collection by the Registrar General of this Court. The same has been returned by the Bank concerned with the endorsement that sufficient funds are not available in the account of the payee. On 21.01.2010 when the said fact was noticed by the Court on the report of the Registry, time was obtained by the counsel for the Committee of Management namely Shri Girijesh Tiwari for obtaining instructions within 24 hours. Accordingly the matter was posted for 22.01.2010. On 22.01.2010 one Shri C.K.Patel filed an affidavit as Pairokar for the Committee through a newly engaged counsel namely Shri Ravindra Tripathi and in paragraph 03 of the affidavit it was stated that the Cheque has bounced due to negligence and the Manager will appear before the Court along with the Draft on the next date for which time be granted.
Having regard to the prayer made, this Court on 22.01.2010 provided that the Bank Draft for the like amount be presented with the Registrar General of this Court by 27.01.2010 and that the matter be listed on 29.01.2010.
Today counsel for the Committee namely Shri Ravindra Tripathi has made an statement that the Manager has not responded nor the Bank Draft is ready. He however states that he has been informed by the Pairokar that some stay order has been granted by the Hon'ble Supreme Court, however he has no knowledge of the proceedings or the order passed.
I am of the considered opinion that the Manager cannot be permitted to abuse the process of the Court, in the manner it has been done. She must appear in person before this Court on 05.02.2010 at 2:00 p.m. along with an affidavit indicating as to why Draft has not been submitted contrary to the undertaking given in form of affidavit before the Court and as to how a Cheque furnished to the Court by her in compliance to the Division Bench judgment of this Court could bounce for insufficient funds and as to why proceedings for criminal contempt, for interfering in the administration of justice, be not initiated.
Counsel for the Manager has stated that he cannot ensure the presence of Manager on the next date. Therefore, in order to ensure her presence on the next date fixed, it is provided that Superintendent of Police, Siddhartha Nagar shall take all necessary action for her presence before this Court on 05.02.2010 at 2:00 p.m. Copy of the order may be issued to the Standing Counsel by 01.02.2010 for necessary information to the Superintendent of Police, Siddhartha Nagar.
The Court may further record that deliberately no affidavit not records disclosing the details of the students who were admitted has been filed. For the purpose, one last opportunity is afforded to the Committee of Management to file an affidavit by the next date fixed i.e. 05.02.2010. The original records pertaining to the admission of the students in all respect namely the date the fee was collected along with the document establishing the issuance of the receipt be produced before this Court by all the Committee of Managements, by the next date fixed.
Put up on 05.02.2010 at 2:00 p.m. Dated : 29.01.2010 VR/WP-20653/08