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2025 DAILYLAW 101354 (ALL)

BRANCH MANAGER, UTTAR PRADESH SAHKARI GRAM VIKAS BANK LTD. v. MUKHTYAR AHMAD AND 3 OTHERS

SPLA/912/2025 · 2025-10-06

Arun Bhansali, Kshitij Shailendra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL No. - 912 of 2025 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J. 1. This appeal is directed against order dated 29.07.2025 passed by learned Single Judge in Writ C No. 9147 of 2025 wherein, after noticing the facts of the case, order dated 04.03.2022 passed in Writ C No. 4694 of 2022 and an undertaking given by the officer of the appellant, the petition has been dismissed as having become infructuous. 2. Submissions have been made by learned counsel for the appellant that the undertaking noted by learned Single Judge is contrary to the undertaking given by the officer of the appellant as filed at Page No. 196 of the paper book. 3. For the plea sought to be raised by the counsel for the appellant regarding the indications made in the order dated 29.07.2025 in relation to the undertaking given by the officer of the appellant and its implications, filing of the present appeal cannot be countenanced. 4. If the contents of the undertaking, as noticed by learned Single Judge, are different from the submissions made before the learned Single Judge/the undertaking filed before the Court, the appellant is required to approach the learned Single Judge by way of appropriate proceedings including application for review. 5. In view of the above, the special appeal filed by the appellant cannot be Versus Counsel for Appellant(s) : Chandra Bhan Gupta Counsel for Respondent(s) : Seema Agarwal, S.C., Mansur Ali Ansari, Shams Uz Zaman Branch Manager, Uttar Pradesh Sahkari Gram Vikas Bank Ltd. .....Appellant(s) Mukhtyar Ahmad and 3 others .....Respondent(s) entertained, the same is, therefore, dismissed, leaving it open for the appellant to take appropriate proceedings in accordance with law. October 7, 2025 Sandeep/Jyotsana SPLA No. 912 of 2025 2 (Kshitij Shailendra,J.) (Arun Bhansali,CJ.) Digitally signed by :- SANDEEP KUMAR High Court of Judicature at Allahabad