Refund order stands during appeal unless stayed; Respondent must refund within one month

The High Court held that the order allowing refund to the petitioner remained operative despite a pending appeal, unless stayed by a higher authority. The petition was allowed, with the respondent directed to make the refund within one month of receiving a certified copy of the order.

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The High Court of Judicature at Allahabad considered whether an order allowing refund to the petitioner became inoperative due to a pending appeal. The court ruled that the order remains operative unless its operation is stayed by a higher authority. The petition was allowed, directing the respondent to make the refund within one month of receiving a certified copy of the order.

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