Allahabad High Court
C/M Shri Shiv Mandir Prabandh Karini ... vs State Of U P And 8 Others on 1 February, 2024
Author: Ashwani Kumar Mishra
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:17408-DB
Court No. - 40
Case :- SPECIAL APPEAL DEFECTIVE No. - 809 of 2023
Appellant :- C/M Shri Shiv Mandir Prabandh Karini Sabha And Another
Respondent :- State Of U P And 8 Others
Counsel for Appellant :- Rohit Upadhyay
Counsel for Respondent :- C.S.C.,Amrish Sahai,Brij Bhushan Paul
Hon'ble Ashwani Kumar Mishra,J.
Hon'ble Syed Qamar Hasan Rizvi,J.
Heard learned counsel for the parties.
In re: Civil Misc. Delay Condonation Application
Delay in filing of the special appeal is explained to the satisfaction of the Court. The delay in filing of the appeal is condoned.The appeal is treated to be filed within time.
The delay condonation application is, accordingly, allowed.
Office is directed to allot the regular number to this appeal.
Order on Appeal
1. This appeal is directed against the order passed by the learned Single Judge on 03.10.2023 in Writ-C No. 30743 of 2021. Learned Single Judge has noticed that despite grant of opportunity no counter affidavit has been filed. A last opportunity has been given for filing counter affidavit in the matter by the learned Single Judge. While adjourning the matter, learned Single Judge has restrained the operation of Bank Account Nos. 1848393410 and 3668146938 of Central Bank of India, Branch Chharra, Aligarh.
2. On behalf of the appellant it is urged that absolutely no reasons have been disclosed as to why operation of the bank account is required to be suspended. It is also submitted that functioning of the institution itself would come to a grinding halt in absence of the operation of the bank account of the institution.
3. Sri B.B. Paul for the respondent-petitioner submits that there is a report on record, as per which huge defalcation of funds has taken place and, therefore, the learned Single Judge has rightly restrained the parties from operating the bank account.
4. No reasons are reflected in the order of the learned Single Judge for restraining the parties from operating the bank account. These bank accounts are in respect of the institution. We find substance in the submission of the appellant that such blanket stay of the operation of the bank account would be to the prejudice of the institution and might cripple its very functioning.
5. In that view of the matter, we are persuaded to interfere in the present appeal. The order dated 03.10.2023 is modified by permitting the institution to operate its bank accounts in question for incurring routine expenses. No policy decision would be taken nor any major funds would be diverted.
6. The appellant undertakes to file a counter affidavit before the Writ Court within ten days. Rejoinder affidavit may be filed within a weeks, thereafter.
7. Learned Single Judge is requested to decide the writ petition as per his Lordship's earlier convenience, thereafter.
8. The special appeal stands disposed off in terms of Para 5 of this judgment.
Order Date :- 1.2.2024
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