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2025 DAILYLAW 43907 (ALL)

SHRI ASSOCIATE THROUGH ITS MANAGING DIRECTOR SATYA PRAKAS TIWARI v. STATE OF U.P. AND 5 OTHERS

WRIC/12061/2025 · 2025-04-21

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60686-DB Court No. - 39 Case :- WRIT - C No. - 12061 of 2025 Petitioner :- Shri Associate Through Its Managing Director Satya Prakas Tiwari Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Pankaj Kumar Rai,Sandeep Maniji Bakhshi,Shambhavi Nandan Counsel for Respondent :- Ashish Kumar (Nagvanshi),C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. 1. Mr. Shambhavi Nandan, learned advocate appears on behalf of petitioner and submits, his client put into deliver the books to school students. Subsequently there was alteration in the terms of delivery, to disadvantage of his client. His client protested. Respondent no.4 by impugned communication dated 26th March 2025 directed refund of Earnest Money Deposited (EMD), thereby wrongfully rejecting his client's offer. He seeks interference. 2. Mr. Ambrish Shukla, learned advocate Additional Chief Standing Counsel appears on behalf of the State. 3. Mr. Ashish Kumar Nagvanshi, learned advocate appears on behalf of respondent no. 5 and submits with reference to impugned communication, in spite of several requests and notices petitioner failed and neglected to enter into agreement. Hence, the EMD was directed to be refunded. 4. On query submission on behalf of respondent no.5 is that delivery of the books have been made in the meantime. 5. Subsequent event has rendered the writ petition infructuous. No order can be made, except that the refund of EMD is to be disbursed to petitioner within two weeks from communication of certified copy of this order to respondent no.5. 6. The writ petition is disposed of. Order Date :- 22.4.2025 Abhishek Sri. (Arindam Sinha,J.) (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad