Jayesh Goyal vs Garima Goyal — Allahabad HC (2025) — LawSathi Research

Jayesh Goyal vs Garima Goyal — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

The revisionist's request for the matter to be taken up on 14.11.2025 was accepted subject to conditions: payment of Rs.10,000 in cash to the opposite party and production of a demand draft of Rs.3,80,000 in her favour (in terms of the order dated 14.10.2025); both parties to remain present on 14.11.2025, failing which the case will be heard on merits.

Issue for consideration

Whether, despite the revisionist's absence and the opposite party's objection based on repeated adjournments, the matter should be listed on 14.11.2025 and on what conditions.

Court's answer

The Court directed that the matter be listed on 14.11.2025, conditional on payment of an additional Rs.10,000 to the opposite party.

Ratio / Principle

Both the revisionist and the opposite party were directed to remain present before the Court on the next date.

Key takeaways

The Court cautioned that if the revisionist is absent on the next date or fails to comply with its earlier order, it will have no option except to proceed to hear the case on merits.ratio¶19

Detailed headnote1 paragraphs

Criminal Revision (Defective) No. 523 of 2025 (Jayesh Goyal v. Garima Goyal), High Court of Judicature at Allahabad, Lucknow Bench, Court No. 27 (Manjive Shukla, J.), order dated November 3, 2025. Interim procedural order: the revisionist was absent; his counsel (Shri Manish Jauhari holding brief of Shri Mohit Jauhari) assured the Court that the revisionist would appear on 14.11.2025 and produce a demand draft of Rs.3,80,000 in favour of the opposite party in terms of the Court's order dated 14.10.2025. Counsel for the opposite party (Shri Mahmood Alam) objected, noting about three prior adjournments and the opposite party's continued attendance. The Court listed the matter on 14.11.2025 on payment of an additional Rs.10,000 in cash to the opposite party, directed both parties to remain present, and warned that failure of the revisionist to appear or comply with the earlier order would result in the case being heard on merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL REVISION DEFECTIVE No. - 523 of 2025

Jayesh Goyal

.....Revisionist(s)

Versus

Garima Goyal	.....Opp Par
Counsel for Revisionist(s)	: Saksham Singh, Mohit Jauhari
Counsel for Opposite Party(s)	:

.....Opposite Party(s)

Court No. - 27

HON'BLE MANJIVE SHUKLA, J.

Shri Manish Jauhari, Advocate holding brief of Shri Mohit Jauhari, learned counsel for the revisionist submits that due to some personal difficulty, the revisionist is not present before this Court today. He further assures that the revisionist shall appear before this Court on 14.11.2025 and shall also produce a demand draft/ bank draft of Rs.3,80,000 (Rupees Three Lakhs and Eighty Thousand) in terms of this Court's order dated 14.10.2025.

Shri Mahmood Alam, learned counsel appearing for the opposite party has raised objection on the aforesaid request made on behalf of the revisionist for the reason that since last about three dates, the matter is being adjourned and the opposite party i.e. Smt. Garima Goyal, is continuously coming to the Court and has been present.

I have considered the submissions made by the learned counsels appearing for the parties and I find it fit that the matter may be listed on 14.11.2025, on payment of additional Rs.10,000 (Rupees Ten Thousand) to the opposite party.

Shri Jauhari, learned counsel appearing for the revisionist undertakes that his client shall pay Rs.10,000 (Rupees Ten Thousand) in cash to the opposite party and shall place before this Court a demand draft of Rs.3,80,000 (Rupees Three Lakhs and Eighty Thousand) issued in favour of opposite party on the next date, in terms of this Court's order dated

CRLRD No. 523 of 2025

2

14.10.2025.

In view of the aforesaid submissions, let this matter be listed on 14.11.2025.

On the next date, the revisionist and the opposite party shall remain present before this Court.

It is made clear that if on the next date, the revisionist is not present before this Court and does not comply the earlier order passed by this Court, this Court will have no option except to proceed to hear the case on merits.

(Manjive Shukla,J.)

November 3, 2025

Mohd. Sharif

Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench