Dismissed

M/S Kohli Construction Co. v. Union of India

Allahabad HC16 Aug 2023A227/7154/2023

Case brief

AI extract

What is this about?

In a matter under Article 227, the Allahabad High Court dismissed the petitioner's writ petition seeking quashing of lower court orders rejecting a request to add an address to the firm's registered address, holding the courts were justified in dismissing the application.

What did the court decide?

The writ petition was dismissed holding that the courts were justified in rejecting the application for address change.

M/S Kohli Construction Co. Vs Union of India — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:164204

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Court No. - 1

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Case :- MATTERS UNDER ARTICLE 227 No. - 7154 of 2023

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Petitioner :- M/S Kohli Construction Co. Respondent :- Union of India Counsel for Petitioner :- B.D. Shukla Counsel for Respondent :- In Person,A.S.G.I.,Sudarshan Singh

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Hon'ble Jayant Banerji,J.

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Heard Shri B.D. Shukla, learned counsel for the petitioner, Shri Sudarshan Singh, learned counsel appearing on behalf of the Union of India and Shri R.K. Kohli (Ravinder Kumar Kohli), appearing in person as caveator.

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Shri R.K. Kohli has filed a caveat application. However, he is not a party in the present case. He prays for adjournment to enable him to file an impleadment application, as his contention is that against an order dated 7.5.2019 passed by the executing court in execution case No.12 of 2000, he has preferred a revision challenging the order which has been passed in favour of Anil Kumar Kohli on the ground that it is he who is entitle to step into the shoes of the decree holder under the award stated to have been passed on 1.7.1998.

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The present case has been filed seeking the following relief:

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"(a) To quash the order dated 14.03.2023 and order dated 17.02.2023 (Annexure No.22 and Annexure No.16 to the petition) passed by District Judge, Kanpur Nagar and order dated 15.04.2022 passed by Civil Judge (Senior Division) F.T.C., Kanpur Nagar."

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It appears that in execution case No.12 of 2000, an order was passed on 7.5.2019 allowing an application filed by Anil Kumar Kohli and holding that Anil Kumar Kohli, is the legal representative of the decree holder, while rejecting the application of R.K. Kohli. This order is stated to be subject to challenge in revision by the caveator Shri R.K. Kohli. In the aforesaid execution case an Application Paper No.137 (Ga) was filed by the petitioner seeking change in the address of the petitioner firm, which was rejected by the order dated 15.4.2022 on the ground that the registered address of the firm cannot be changed to mention the address of a partner of the firm. The aforesaid order of 15.4.2022 was subject to challenge by the petitioner in Civil Revision No.167 of 2022, which was dismissed by the order dated 17.2.2023 on the ground that the

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registered address of the petitioner firm is as existing in the records in the office of the Registrar Firms, Societies and Chits, Kanpur which is 111 A/89 Ashok Nagar, which address has not been changed. Against the order impugned dated 17.2.2023 passed by the revisional court, a recall application was filed by the petitioner firm which was dismissed on 14.3.2023.

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The contention of the learned counsel for the petitioner is that the petitioner did not seek change of address but rather an additional address of the decree holder on the ground of convenience.

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When it is the admitted case that the address of the petitioner firm has not been changed, then given the facts and circumstances of the case, the courts were justified in rejecting the application of the petitioner firm for change in address.

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Under the circumstances, no interference is called for and this petition is, therefore, dismissed.

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Order Date :- 16.8.2023 K.K.Tiwari

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(Jayant Banerji, J.)

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Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad

M/S Kohli Construction Co. v. Union of India

Case brief

What is this about?

What did the court decide?

M/S Kohli Construction Co. v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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