SHRI KRISHNA CINETECH PVT LTD AND 2 OTHERS v. AVANI PARIDHI ENERGY AND COMMUNICATION PVT. LTD AND 2 OTHERS
SPLAD/370/2025 · 2025-05-22
Arun Bhansali, Kshitij Shailendra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 61544 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61544 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:87560-DB Chief Justice's Court Case :- SPECIAL APPEAL DEFECTIVE No. - 370 of 2025 Appellant :- Shri Krishna Cinetech Pvt Ltd and 2 others Respondent :- Avani Paridhi Energy and Communication Pvt. Ltd and 2 others Counsel for Appellant :- Udai Chandani Counsel for Respondent :- Ashok Shankar Bhatnagar, Srestha Pandey, Ashok Pandey Hon'ble Arun Bhansali, Chief Justice Hon'ble Kshitij Shailendra, J.
1. This appeal is directed against order dated 09.08.2024 passed by learned Single Judge, wherein on account of the request made by counsel for the appellant before the learned Single Judge, who is respondent-borrower, for passing over of the case for the day, an interim protection till the next date was granted by the learned Single Judge.
2. The appeal is barred by 250 days. 3., Learned counsel for the appellant made submissions that on account of subsequent events in the writ petition as well as subsequent proceedings initiated by the Bank in filing Writ-C No.155 of 2025 before the Lucknow Bench and the fact that the application filed by the appellant seeking modification of the order dated 09.08.2024 itself could not be taken up by the learned Single Judge due to paucity of time that the present appeal has been filed.
4. Having heard learned counsel for the parties, we do not find any good reason to interfere with the order dated 09.08.2024 passed by learned Single Judge, only on account of the fact that the modification application/ stay vacation application filed by the appellant for paucity of time could not be taken up by the learned Single Judge.
5. In view thereof, the appeal filed by the appellant is disposed of.
6. It is expected of the learned Single Judge to give some priority to the case of the appellant on account of the fact that the Bank has approached the Lucknow Bench and any order passed therein, would frustrate the case of the appellant before this Court. Order Date :- 23.5.2025 RK/SL (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad