Court No. - 9 Case :- WRIT - C No. - 34620 of 2010 Petitioner :- M/S Hans Furniture & Repairing Works Kanpur Respondent :- State Of U.P. & Ors. Petitioner Counsel :- V.K.S. Somvanshi Respondent Counsel :- C.S.C.,M.K. Srivastava Hon'ble Vijay Manohar Sahai,J.
Hon’ble Vikram Nath,J.
Heard learned counsel for the petitioner; learned standing counsel appearing
for respondent no.1 and Shri Manoj Kumar Srivastava, learned counsel
appearing for respondent nos.2 and 3.
Learned counsel appearing for respondent nos.1 to 3 pray for and are granted
one month’s time to file counter affidavit. Petitioners will have three weeks
thereafter for filing rejoinder affidavit.
Issue notice to respondent no.4 through registered post with AD returnable at
an early date. Steps to be taken within a week.
List this petition on the date fixed by the office on the notice.
The petitioner is a borrower. Learned counsel for the petitioner urged that the
petitioner has filed an appeal before the Debt Recovery Tribunal, Allahabad
but the same is still pending disposal and in pursuance of the order of this
Court passed in Civil Misc. Writ Petition No.32945 of 2010 the petitioner is
under the threat of eviction from the accommodation in dispute.
Considering the facts and circumstances of the case, we direct the appellate
authority to decide the appeal of the petitioner within a period of one month
from the date of production of certified copy of this order and till the decision
of the appeal, the order dated 28.5.2010 passed in Civil Misc. Writ Petition
No.32945 of 2010 shall be kept in abeyance.
Order Date :-
Order Date :- 14.6.2010
A.