Aaveg Mehrotra v. M/s Priyanshi Developers Private Limited, thru. Director Auth. Sign. Sri Vivek Jain and Another
SCCR/13/2025 · 2025-09-01
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 161293 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161293 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW S.C.C. REVISION No. - 13 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J.
1. Heard, learned counsel for the petitioner and Shri Vidya Dhar Upadhyay, learned counsel for the respondent, the present petition has been filed challenging an order dated 14.08.2025 passed against the petitioner in exercise of powers under Section 41, Rule-38.
2. The submission of learned counsel for the petitioner is that an application was filed seeking execution of decree against the petitioner, one of the grounds taken by the petitioner was that decree in question passed by the SCC court was only against the company of which, the petitioner was the Director, the other ground taken was that there was non-compliance of provisions of Section 51 read with
Order XXI, Rule 37.
3. The first submission of learned counsel for the petitioner, merit rejection for the sole reason that the decree in question was passed against the company as well as, the petitioner in his personal capacity and the said decree was not challenged by the petitioner against which, no proceedings were initiated. With regard to the other
submissions that there was non-compliance of provisions of Section- 51 and Order-21, Rule-37, the same also merits rejection for the sole reason that the show cause notice was issued and thereafter, the present order has been passed admittedly, the possession of the premises in question has been handed over to the decree holder, Versus Counsel for Revisionist(s) : Santosh Kumar Shukla, Romit Seth Counsel for Opposite Party(s): Vidya Dhar Upadhyay, Prateek Singh, Siddhant Mani Tripathi Aaveg Mehrotra .....Revisionist(s) M/S Priyanshi Developers Private Limited, Thru. Director Auth. Sign. Sri Vivek Jain And Another .....Opposite Party(s)
however, the rental dues of approximately 1 crore, 73 Lakhs and odds has not been paid by the petitioner and is avoiding payment thereof as is evident from the orders passed by the executing court.
4. In view thereof, no interference is required by this Court. This petition is, accordingly, dismissed. September 1, 2025 Haseen U.
SCCR No. 13 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench