INDIAN FARM FORESTRY DEVELOPMENT COOPERATIVE LTD. THRU. PROJECT MANAGER SHRI RAVINDRA KUMAR DWIVEDI v. MANGALA TRADING COMPANY THRU. ITS PROPRIETOR SHRI MOHIT KUMAR AND ANOTHER
A378/56/2025 · 2025-07-28
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152198 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152198 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43265 Court No. - 13 Case :- APPLICATION U/S 378 No. - 56 of 2025 Applicant :- Indian Farm Forestry Development Cooperative Ltd. Thru. Project Manager Shri Ravindra Kumar Dwivedi Opposite Party :- Mangala Trading Company Thru. Its Proprietor Shri Mohit Kumar And Another Counsel for Applicant :- Yashovardhan Swarup,Bhavya Upadhyay,Desh Deepak Singh,Radha Gautam Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard. Present application has been filed by the applicant challenging the judgment and order dated 16.05.2025 passed by the Presiding Officer, Additional Court No.5, N.I. Act, Lucknow in Complaint Case No.10785 of 2018 (M/s Indian Farm Forestry Development Co-operative Limited Vs. Mangala Trading Company through its Proprietor) under Section 138 of Negotiable Instruments Act, 1881. At the very outset, learned A.G.A. has raised preliminary objection regarding maintainability of the present application on the ground that applicant is having statutory remedy. In support of his submission, he has placed reliance on the
judgment passed by the Hon'ble Apex Court in the case of Celestium Financial v. A. Gnanasekaran, 2025 SCC OnLine SC 1320. After arguing at some length, the learned Counsel for the applicant states that he does not want to press the present application and the same may be dismissed as withdrawn with liberty to applicant to avail remedy as available to him under law. To the aforesaid prayer, learned AGA has no objection. Accordingly, the present application is dismissed as withdrawn with liberty as aforesaid. Office is directed to return back all the certified copies of order and documents, annexed with the present petition, to the
learned Counsel for the applicants, as per Rules.
Order Date :- 28.7.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench