Court No. - 33
Case :- WRIT - C No. - 15278 of 2018 Petitioner :- M/S S.T. Products Respondent :- U.P. Cooperative Tribunal Lucknow And 2 Others Counsel for Petitioner :- Sufia Saba,Abdul Majeed Counsel for Respondent :- C.S.C.,Chandan Kumar
Hon'ble Manoj Misra,J.
Heard learned counsel for the petitioner and Sri Chandan Kumar for respondent no.3.
The present petition has been filed against the order dated 5th April, 2018, passed by Appellate Tribunal in Co- operative Appeal No.M 11 of 2018.
By the order impugned, the delay in filing the appeal has been condoned and the appeal has been registered. However, on the interim stay application, on the statement made on behalf of the appellant that he would deposit Rs.50,000/- (fifty thousand) within twenty days, the Appellate Tribunal granted interim order in favour of the petitioner-appellant subject to deposit of Rs.50,000/-.
Learned counsel for the petitioner states that the petitioner had not undertaken to deposit Rs.50,000/- as noticed in the appellate order and therefore appellate order is liable to be set aside.
The aforesaid statement of learned counsel for the petitioner cannot be accepted, at this stage, because whenever a statement made before the Court is noticed and recorded in the order of the court, then, if any party disputes the statement, it must file an application before the court concerned and not approach the higher court directly.
In the instant case, there appears no such application.
Faced with the aforesaid situation, learned counsel for the petitioner prays to withdraw this petition with liberty to file appropriate application before the court concerned.
In view of the above, the petition is dismissed as withdrawn with liberty as prayed for.
Order Date :- 27.4.2018. Rks.