Mahakaleshwar Infratech Pvt. Ltd. Thru. Auth. Signatory Mr. Amit Singh Vs State of U.P. Thru. Chief Secy. Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

Mahakaleshwar Infratech Pvt. Ltd. Thru. Auth. Signatory Mr. Amit Singh Vs State of U.P. Thru. Chief Secy. Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Conditional release of the two seized trucks: one truck forthwith on payment of Rs.9 lacs; the second truck on deposit of a further Rs.9 lacs within six weeks; petitioner entitled to seek settlement of disputes with respondent No.3, to be considered sympathetically.

Issue for consideration

Whether the seizure by respondent No.3 of the trucks given on hire and purchase to the petitioner was sanctioned by law.

Court's answer

Subject to the petitioner paying an amount of Rs.9 lacs, one of the two seized trucks shall be released forthwith; on deposit of another Rs.9 lacs within six weeks, the second truck shall also be released, and it was clarified that the second truck shall be released as soon as the further Rs.9 lacs is paid.

Ratio / Principle

The Court disposed of the petition without going into the merits of the claims inter se between the parties; it did not adjudicate whether the seizure of the trucks was lawful.

Key takeaways

The petitioner is entitled to approach respondent No.3 for settlement of the disputes inter se between them, which shall be considered sympathetically.ratio¶¶10

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench, Court No. 7 — Neutral Citation 2025:AHC-LKO:42436; WRIT - C No. - 6791 of 2025; Mahakaleshwar Infratech Pvt. Ltd. v. State of U.P. and others; order dated 23.7.2025 by Hon'ble Pankaj Bhatia, J. The petitioner challenged the action of respondent No.3 in seizing trucks given on hire and purchase, arguing the seizure was 'not sanctioned by any law'. The Court expressly proceeded 'without going into the merits of claim inter se in between the parties'; it recorded that both sides agreed defaults on the two trucks were approximately Rs.18 lacs (regularizable on payment in terms of the agreement), and noted learned counsel for respondent No.3 stating that a composite notice in respect of 8 trucks indicated Rs.72 lacs due and payable towards outstanding installments. The petition was disposed of by directing: release of one truck forthwith on payment of Rs.9 lacs; release of the second truck on deposit of a further Rs.9 lacs within six weeks (clarified to be as soon as that amount is paid); and entitlement of the petitioner to approach respondent No.3 for settlement of the disputes inter se, to be considered sympathetically. No statutory provision or precedent was invoked; the legality of the seizure itself was left undetermined.

Neutral Citation No. - 2025:AHC-LKO:42436

Court No. - 7

Case :- WRIT - C No. - 6791 of 2025 Petitioner :- Mahakaleshwar Infratech Pvt. Ltd. Thru. Auth. Signatory Mr. Amit Singh

Respondent :- State Of U.P. Thru. Chief Secy. Lko. And 2 Others Counsel for Petitioner :- Avinash Singh Vishen,Shishir Raj,Vedant Srivastava Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.

Vakalatnama filed by Shri Akshay Kumar Singh and Ms. Palak Jawa, Advocates on behalf respondent No.3 is taken on record.

The present petition has been filed by the petitioner challenging the action of respondent No.3, whereby the trucks, which were given on hire and purchase were seized. It is argued that the seizure is not sanctioned by any law.

Both the parties are present. It is agreed that for the two trucks, which were given on hire and purchase, there are certain defaults by the petitioner, which are to the tune of approximately Rs.18 lacs and if the said amount paid, the loan shall be regularized in terms of the agreement.

Learned counsel for respondent No.3 states that a composite notice in respect of 8 trucks, which were given on hire and purchase to the petitioner, was sent indicating that an amount of Rs.72 lacs is due and payable towards outstanding installments.

Irrespective of the said, without going into the merits of claim inter se in between the parties, at this stage, admittedly, two trucks have been seized by the respondent, it is directed that subject to the petitioner paying an amount of Rs.9 lacs, one of the two trucks shall be released forthwith. On the deposit of another Rs.9 lacs within a period of six weeks, the second truck shall also be released. It is clarified that the second truck shall be released as soon as, another amount of Rs.9 lacs is paid.

The petitioner would be entitled to approach respondent No.3 for settlement of the disputes inter se in between them, which shall be considered sympathetically.

The petition stands disposed of .

Order Date :- 23.7.2025 Ashutosh

Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench