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2025 DAILYLAW 87991 (ALL)

CINNI FOUNDATION A TRUST AND 4 OTHERS v. TARES IMPEX AND ANOTHER

A227/9460/2025 · 2025-08-21

Manish Kumar Nigam

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:144532 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 9460 of 2025 Petitioner :- Cinni Foundation A Trust And 4 Others Respondent :- Tares Impex And Another Counsel for Petitioner :- Anand Kumar Singh Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the petitioners and perused the record. 2. The instant writ petition has been filed for following relief: "order or direction to the learned Additional District Judge, XIV Varanasi to decide the Application no. 221 Ga dated 27.05.2025 filed by the petitioners in Original Suit No. 68/2012 (Cinni Foundation & Ors. and therefore it is triable by commercial court.), within a reasonable time frame and transfer the Original Suit No. 68/2012 (Cinni Foundation & Ors. versus and therefore it is triable by commercial court) before the Commercial Court having jurisdiction over the matter." 3. Contention of the learned counsel for the petitioners is that the aforesaid application (221 Ga) is pending consideration and the same has not been decided despite several dates have been fixed. He prayed that the same may be decided, expeditiously. 4. In view of above, no useful purpose would be served in keeping this petition pending. 5. Accordingly, the present petition stands disposed of finally with a direction to the Additional District Judge, XIV Varanasi to consider and decide the application (221 Ga), in accordance with law, expeditiously, preferably within a period of twelve weeks from the date of production of a certified copy of this order after ensuring service upon all the concerned parties as well as giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. Order Date :- 22.8.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad