M/S AWADH EDUCATIONAL SOCIETY THRU. REPRESENTATIVE DHARMA DHISH DUBEY v. PRAKASHWATI SHAKSHIK SAMAJIK VEAM SANSKRITIK SANSTHAN THRU. MANAGER AND ANOTHER
A227/3610/2025 · 2025-06-06
Manjive Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 143345 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143345 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:34895 Court No. - 5 Case :- MATTERS UNDER ARTICLE 227 No. - 3610 of 2025 Petitioner :- M/S Awadh Educational Society Thru. Representative Dharma Dhish Dubey Respondent :- Prakashwati Shakshik Samajik Veam Sanskritik Sansthan Thru. Manager And Another Counsel for Petitioner :- Samanvya Dhar Dwivedi,Abhishek Mishra,Rajesh Shanker Mishra Hon'ble Manjive Shukla,J.
1. Heard Sri Samanvya Dhar Dwivedi, learned counsel appearing for the petitioner. 2. In view of the order proposed, notice to Respondents No. 1 & 2 is hereby dispensed with. 3. The instant petition has been filed under Article 227 of the Constitution of India inter alia praying therein for the following reliefs:
"Wherefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to:- i) issue an order or direction, directing the Learned Commercial Court to hear the Civil Suit No. 88 of 2024 (M/s Awadh Educational Society v. Prakashwati Shakshik Samajik Veam Sanskritik Sansthan & Anr.) on merits and expeditiously decide the Application for closure of Opportunity to file the Written Statement numbered as C-17 (Annexure -2 to this Petition) along with the application for interim relief filed under Order 39 Rule 1 and 2 by the Petitioner herein in a stipulated time period; ii) pass any other order that this Hon'ble Court may deem just and proper, in the interest of justice."
4. Learned counsel appearing for the petitioner has submitted that the Civil Suit No. 88 of 2024 was filed in the year 2024 along with an application under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure seeking interim injunction. It has further been submitted that the aforesaid application for interim injunction is pending before the learned trial court since the year 2024. 5. Learned counsel appearing for the petitioner has argued that there is urgency in the matter as the respondents are continuing to open the institutions with the name of Lucknow Public School therefore, it is in the interest of justice that the
application filed under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure be decided at the earliest. 6.
I have considered the arguments advanced by the learned counsel appearing for the petitioner and I find that the application filed by the petitioner, under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure in the Civil Suit No. 88 of 2024 (M/s Awadh Educational Society v. Prakashwati Shakshik Samajik Veam Sanskritik Sansthan & Anr.), is pending since the year 2024. 7. In view of the aforesaid reasons, this writ petition is disposed of with a direction to the learned Commercial Court, Lucknow to
hear
and
decide
the
application
filed under under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure filed in Civil Suit No. 88 of 2024 expeditiously, preferably within a period of six months from the date of presentation of certified copy of this order. Order Date :- 6.6.2025 A. Mandhani Digitally signed by :- ABHISHEK MANDHANI High Court of Judicature at Allahabad, Lucknow Bench