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2025 DAILYLAW 23176 (ALL)

M/S AGRAWAL KHANDELWAL ALIAS ASSOCIATES CHARTERED A/C v. STATE OF U.P. AND ANOTHER

NA528/6694/2025 · 2025-05-21

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87124 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 6694 of 2025 Applicant :- M/S Agrawal Khandelwal Alias Associates Chartered A/C Opposite Party :- State of U.P. and Another Counsel for Applicant :- Giri Ram Rawat,Indra Deo Mishra,Shri Ram (Rawat) Counsel for Opposite Party :- G.A.,Sanjeev Kumar Pandey Hon'ble Vikas Budhwar,J. 1. Heard Sri I.D. Mishra, learned counsel for the applicant and Sri Sanjeev Kumar Pandey, learned counsel for opposite party no.2. 2. Learned counsel for the applicant submits that though the challenge has been raised for quashing the impugned summoning order dated 06.09.2024 passed by Special Chief Judicial Magistrate, Agra arising out of case no.27 of 2019 and complaint case no. 4547 of 2019 U/s 143 read with section 147 of Companies Act, 2013, P.S. New Agra, District Agra, however, the counsel for the applicant as per his instructions seeks compounding as per the provisions under section 441 of Companies Act, 2013. 2. Learned AGA as well as Sri Sanjeev Kumar Pandey, learned counsel for opposite party no.2 has no objection to the same. 3. Considering the submissions so made across the bar, this application stands disposed of directing the applicant to submit an application for compounding under Section 441 of the Companies Act, 2013 before the court below by 04.06.2025. On the said application, the court below shall proceed to undertake the proceedings for compounding in accordance with law with with most expedition. 4. Till the disposal of the said application, no coercive measures shall be taken against the applicant in the impugned summoning order dated 06.09.2024 passed by Special Chief Judicial Magistrate, Agra arising out of case no.27 of 2019 and complaint case no. 4547 of 2019 U/s 143 read with section 441 of Companies Act, 2013, P.S. New Agra, District Agra. 5. The protection so accorded to the applicant shall only apply in case the applicant sticks to the timeline and does not violate any of the order of the court. In case of the violation of the order or non sticking to the timeline, the interim order stands vacated without reference to the Bench. Order Date :- 22.5.2025 /C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad