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2025 DAILYLAW 16998 (ALL)

M/S GOOD LUCK CAPITAL (P) LTD. v. SHRI BIHARI FORGING PVT. LTD. AND ANOTHER

A227/1425/2025 · 2025-03-17

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38306 Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 1425 of 2025 Petitioner :- M/S Good Luck Capital (P) Ltd. Respondent :- Shri Bihari Forging Pvt. Ltd. And Another Counsel for Petitioner :- Suyash Agarwal,Sr. Advocate Hon'ble Ajit Kumar,J. Supplementary affidavit filed today is taken on record. Heard Sri R.R. Agarwal, learned Senior Advocate, assisted by Sri Suyash Agarwal, learned counsel for the petitioner. Petitioner before this Court is a decree holder in CS (Company Suit) (OS) No.- 635 of 2011 for a sum of Rs.1,66,83,554.68/- along with interest @ of 12% per annum w.e.f. 1st January, 2011 till the realization of a sum from the defendant, judgment debtor. For the execution of the decree petitioner instituted a execution case and in the said execution proceedings drawn against the judgment debtor, his properties became subject matter of auction sale which took place on 29th March, 2024 and stood confirmed accordingly on 7th December, 2024 by the Court. It is argued by Sri Agarwal that after confirmation of sale the property absolutely vested with the auction purchasers and the auction money amount accordingly, received in the execution court deserved to be released in favour of the petitioner in satisfaction of the decree. It transpires from the record that petitioner has already moved an application registered as No.2 of 2025 in Execution Case No.- 5 of 2015 arising out of decree passed in CS (OP) No. 635 of 2011 but the same has remained undisposed off till date. It is further contended that the matter stood subsequently transferred to the Lok Adalat for disposal of the application but could not be disposed of. It is submitted that the executing court had fully heard applicant on 17th March, 2025 but no final order has been passed. In the given facts and circumstances of the case, this petition stands disposed of with a direction to the court concerned to take final decision in the matter of miscellaneous application so pending in execution for release of the amount of auction money expeditiously as far as possible positively within a period of one month from the date of production of certified copy of this order, if decision has already not been taken in the matter. Order Date :- 18.3.2025 Atmesh Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad