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2025 DAILYLAW 152260 (ALL)

MAHAKALESHWAR INFRATECH PVT. LTD. THRU. AUTH. SIGNATORY MR. AMIT SINGH v. STATE OF U.P. THRU. CHIEF SECY. LKO. AND 2 OTHERS

WRIC/6791/2025 · 2025-07-23

Pankaj Bhatia

body2025

Judgment text

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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. 1. Vakalatnama filed by Shri Akshay Kumar Singh and Ms. Palak Jawa, Advocates on behalf respondent No.3 is taken on record. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. The petition stands disposed of. Order Date :- 23.7.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench