Under Article 227, the High Court ordered the Commercial Court to decide execution case no. 178 of 2021 within three months without unnecessary adjournments.
Direction to Commercial Court to decide execution case within three months from date of producing certified copy of order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 9
Case :- MATTERS UNDER ARTICLE 227 No. - 855 of 2022
Petitioner :- Deepti Goyal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gautam Kumar,Anjali Upadhya Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondent and Ms. Ishita Sand, Advocate holding brief of Ms. Anjali Upadhya, learned counsel for the respondent no.2
Present petition has been filed with following prayer:-
"(i) Issue an order direction directing the Commercial Court to decide the Execution Case No. 178 of 2021 (M/s Vinayak Buildcons vs. Greater Noida Industrial Development Authority) which is pending before the Commercial Court Kasna Gautam Budh Nagar within stipulated time."
In the facts and circumstances of the case, the present petition is finally disposed of with direction to the Commercial Court, Kasna Gautam Budh Nagar to decide the aforesaid case, in accordance with law, expeditiously, if possible, within a period of three months from the date of production of certified copy of this order without granting any unnecessary adjournment to either of the parties. In case, execution case is not decided, Court shall record reason for the same.
Order Date :- 23.2.2022 Junaid
Digitally signed by JUNAID AHMAD Date: 2022.02.23 17:04:05 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether a direction can be issued to the Commercial Court to decide a pending execution case within a stipulated time.
Deepti Goyal
State Of U.P.
2 Others
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
