Court No. - 3
Case :- WRIT - C No. - 15216 of 2021 Petitioner :- Rakesh Chandra Mishra And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ganesh Shanker Srivastava Counsel for Respondent :- C.S.C.,Sanjai Singh
Hon'ble Naheed Ara Moonis,J. Hon'ble Saumitra Dayal Singh,J.
Heard Mr. Ganesh Shankar Srivastava, learned counsel for the petitioners, learned Standing Counsel representing respondent nos.1 to 4 and Mr. Sanjai Singh, learned counsel for respondent no.5.
Challenge raised in the present petition is to the impugned recovery citation dated 18.6.2021 issued by respondent no.4 whereby the petitioners have been directed to deposit Rs.5,33,358/- in Account No.3389168652 and Rs.3,98,823/- in Account No.3917584602 (Total Rs.9,32,181).
At the outset learned counsel for the petitioners states that he does not wish to agitate the matter on merit and only prays for time of six months to deposit Rs.937741/- along with interest from 9.7.2021 onwards with respect to the tax liability claimed by the respondents.
Mr. Sanjai Singh, learned counsel for the respondent no.5 has no objection to the prayer made by the learned counsel for the petitioners.
Without entering into merits of the case and with the consent of the learned counsel for the parties, the writ petition is finally disposed of with the following directions:
1. The petitioners shall deposit an amount of Rs.2,37,741/- by 31st August.
2. The balance amount of Rs.7 lacs shall be deposited by the petitioners in five equal monthly installments to be payable on or before 30.9.2021, 31.10.2021, 30.11.2021, 31.12.2021 and 31.1.2022 respectively.
3. The amount of interest from 9.7.2021 onwards without claiming any recovery charges shall be communicated to the petitioner by 31.12.2021 which amount may be paid by the petitioners by 28.2.2022.
4. Subject to deposit of the amount as undertaken by the petitioners, the impugned recovery shall be kept in abeyance.
5. In case of default of the conditions as mentioned above, present order shall automatically stand vacated and recovery proceedings shall revive from that stage.
Order Date :- 29.7.2021 M. Tariq