Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 36601 (ALL)

M/S SHRI LAXMI ROAD CARRIER v. ARUN SAINI (DECEASED) AND 3 OTHERS

SCCR/49/2025 · 2025-04-06

Neeraj Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:49305 Court No. - 2 Case :- S.C.C. REVISION No. - 49 of 2025 Revisionist :- M/S Shri Laxmi Road Carrier Opposite Party :- Arun Saini (Deceased) And 3 Others Counsel for Revisionist :- Surendra Tiwari Hon'ble Neeraj Tiwari,J. 1. Sri Satish Kumar Tyagi, Advocate has put in appearance and filed Vakalatnama on behalf of opposite party nos. 2 to 4, which is taken on record. 2. Heard learned counsel for revisionist and Sri Satish Kumar Tyagi, learned counsel for respondent nos. 2 to 4. 3. Present revision has been filed seeking following relief:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and stay the further proceedings of SCC Suit No. 28 of 2021 (CNR No. UPGZ01-010576-2021) 'Arun Saini (deceased) and others vs. M/s Shri Laxmi Road Carrier', pending in the court of Additional District & Sessions Judge, Court No. 13 Ghaziabad." 4. Learned counsel for revisionist submitted that application (paper no. 55Ga) filed by the revisionist was rejected by the Additional District Judge, Court No. 13, Ghaziabad vide order dated 07.03.2025 contrary to the facts of the case and law, therefore, the same is bad and liable to be set aside. He further submitted that a direction may be issued to the Court concerned to consider the written submissions filed by the revisionist while deciding the suit. 5. Sri Satish Kumar Tyagi submitted that he is having no objection in case Court directs for consideration of written submissions while deciding the suit, but further requested that a direction may be issued to decide the suit at the earliest. 6. With the consent of parties, present revision is disposed of with direction to Judge Small Causes/Additional District & Sessions Judge, Court No. 13 Ghaziabad to take written submission on record and consider the same while deciding the suit. Further, SCC Court is directed to decide the suit, maximum within a period of six months from the date of production of certified copy of this order, without granting any unnecessary adjournments to either of the parties. In case adjournment is granted, Court shall record detailed reasons for granting adjournment and impose cost, if required. Order Date :- 7.4.2025 Sartaj Digitally signed by :- SARTAJ AHMAD High Court of Judicature at Allahabad