MELROSE DO IT YOURSELF (OPC) PVT. LTD. AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/22557/2025 · 2025-07-06
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 63091 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 63091 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:106324 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 22557 of 2025 Applicant :- Melrose Do It Yourself (Opc) Pvt. Ltd. And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Salman Ahmad,Saqib Meezan Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Mr. Salman Ahmad, learned counsel for the applicants, on instructions, submits that though the application has been preferred to quash the impugned summoning order dated 10.05.2024 passed by Additional Court, Aligarh in complaint case no. 733/2023 "Smt. Anchal Kathuria vs. Melros Do it Yourself (OPC) Pvt. Ltd.", under Section 138 N.I. Act, P.S. Banna Devi, District Aligarh, however, he confines his relief for compounding under Section 147 of the N.I. Act in view of the judgement in Damodar S Prabhu Vs Sayed Babalal reported in AIR 2010 SC 1907.
2. Learned A.G.A. has no objection to the same.
3. Considering the submissions raised at the Bar, the application stands disposed of granting liberty to the applicants to prefer appropriate application for compounding under Section 147 of N.I. Act by 18.07.2025 and on the submission of the same, the court below shall decide the same within 45 days and this Court has no reason to disbelieve that the same shall be decided with most expedition strictly in terms of the judgment passed in Damodar S Prabhu (supra).
4. Till application is decided of 45 days, no coercive action shall be taken against the applicants with respect to impugned summoning order dated 10.05.2024 passed by Additional Court, Aligarh in complaint case no. 733/2023 "Smt. Anchal Kathuria vs. Melros Do it Yourself (OPC) Pvt. Ltd.", under Section 138 N.I. Act, P.S. Banna Devi, District Aligarh.
5. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. Order Date :- 7.7.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad