2018 (5) TMI 276 – KERALA HIGH COURT – TMI – Initiation of recovery proceedings, even though the appeal and application for stay are pending – Held that: – Taking note of the similar orders passed by this Court in analoguous situations, the petitioner can be given some respite from the rigor of recovery, at least until such time as the stay petition is considered by the appellate authority – recovery proceedings are to be kept in abeyance till the time the 2nd respondent passes an order on the stay petition, and communicates the same to the petitioner – petition disposed off. – W. P. (C) No. 14532 of 2018 Dated:- 27-4-2018 – MR. DEVAN RAMACHANDRAN, J. For The Petitioner : Smt. S. K.Devi And Sri. Santhosh P. Abraham For The Respondent : Sr
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otice. The petitioner prays that the recovery against him be interdicted at least until such time as the stay petition is considered by the Appellate Authority. 2. The learned Government Pleader appearing on behalf of the respondents submits that, it is true that the petitioner has preferred appeals before the Appellate Authority, but he says that since the amount involved is substantial, no order of stay may be granted, except on terms. 3. I have considered the submissions made by the learned counsel for the petitioner as well as the learned Government Pleader. 4. Taking note of similar orders passed by this Court in analoguous situations, I am of the view that the petitioner can be given some respite from the rigor of recovery, at least u
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