Court No. - 6 Case :- WRIT - C No. - 20653 of 2008 Petitioner :- Km. Nootan Shukla And Others Respondent :- State Of U.P. & Others Petitioner Counsel :- M.D. Misra,R.S. Misra Respondent Counsel :- C.S.C.,B.D. Pandey,Sunita Agarwal Hon'ble Arun Tandon, J.
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
