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2025 DAILYLAW 135124 (ALL)

STATE OF UP THRU. SECY ,DEPTT. OF BAL VIKAS SEWA EVAM PUSHTAHAR, LKO. AND ANOTHER v. PRESIDING OFFICER, COMMERCIAL COURT-1, LKO. AND 2 OTHERS

A227/2279/2025 · 2025-05-07

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26677 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 2279 of 2025 Petitioner :- State Of Up Thru. Secy ,Deptt. Of Bal Vikas Sewa Evam Pushtahar, Lko. And Another Respondent :- Presiding Officer, Commercial Court-1, Lko. And 2 Others Counsel for Petitioner :- C.S.C. Counsel for Respondent :- C.S.C.,Mudit Agarwal Hon'ble Pankaj Bhatia,J. 1. Heard learned Counsel for the petitioner-State and Sri J.N. Mathur, learned Senior Advocate assisted by Sri Mudit Agarwal, learned Counsel for the Caveator. 2. The present petition has been filed by the petitioner-State challenging the order dated 20.11.2024 passed by the Arbitrator appointed by this Court as well as the order dated 29.07.2024 whereby, the appeal preferred against the order dated 20.11.2024 was set aside. 3. Both the Counsel for the parties agreed that the order dated 20.11.2024 may be held to be an interim order and the parties may be permitted to contest their claims before the Arbitrator. 4. Considering the fact that the order dated 29.07.2024, set aside the whole demand, it is directed that the same shall be held to be interim order, which shall be subject to the final determination on the basis of claim and counterclaim as raised by the parties before the Arbitrator. 5. It is also argued that an application was filed by the respondents but was subsequently not pressed as well as the time granted by the Arbitrator to the petitioner has also come to an end. 6. It is further directed that the respondents would be at liberty to file a fresh amendment application, if so advised in accordance with law and the petitioner would be similarly entitled to file their counterclaim within a period of one month from today. 7. No other orders are required to be passed at this stage, the writ petition stands disposed off. Order Date :- 7.5.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench