Where Statutory Appeals Filed After Making Pre-Deposit, Stay Applications Must Be Decided In Reasonable Time: Allahabad High Court

The Allahabad High Court has held that were a statutory appeal has been filed and the condition for pre-deposit has been complied with, stay applications filed along with such appeals must be decided within a reasonable time.

Petitioner approached the High Court against the order for putting up the stay application filed on 24.01.2024 in appeal pending for last four years on a separate date fixed. It was argued that purpose of filing the appeal would be defeated if the stay application is not decided.

The bench of Justice Saumitra Dayal Singh and Justice Manjive Shukla held

“It is necessary to observe, where statutory appeals are filed after making due compliance of pre deposit condition, it is incumbent on the learned court below to pass appropriate orders on the stay application within a reasonable time. Passing of routine orders requiring the stay application to be put up on the date fixed do not serve the cause of justice.”

Accordingly, the Court directed that stay application be decided within 2 weeks from the date on which the order is placed before the Court.

Case Title: Gurdeep Singh vs. Nagar Ayukt Nagar Nigam Moti Jheel And Another 2024 LiveLaw (AB) 131 [WRIT TAX No. - 206 of 2024]

Case Citation: 2024 LiveLaw (AB) 131

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