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2025 DAILYLAW 91535 (ALL)

M/S ADITYA FOODS RAMPUR MACHIYA CHANDAULI v. STATE OF U.P. AND 3 OTHERS

WRIC/31164/2025 · 2025-09-15

Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31164 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE PRAVEEN KUMAR GIRI, J. 1. Heard learned counsel appearing on behalf of the parties. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has made the following prayers:- "i. Issue an order, or direction in the nature of mandamus commanding and directing the respondents to set aside the entire recovery proceedings against the petitioner and allow the petitioner to make outstanding dues in easy installment and also issue direction to the respondents to refer the matter to arbitrator to decide the dispute relating to quantum of paddy supplied to the petitioner." 3. Learned counsel appearing on behalf of the petitioner submits that petitioner is willing to make the payment of outstanding amount by way of easy installments due to poor fiscal condition of the petitioner. 4. Learned counsel appearing on behalf of respondent is willing to accept the said amount by way of easy installments. 5. In light of the same, 25% of the total amount due shall be paid by the petitioner within a period of four weeks from date. Balance amount shall be paid in four equal monthly installments starting from December, 2025. Interest may also be recovered if it is provided under the law. 6. Till the period prescribed for depositing the aforesaid amount, the Versus Counsel for Petitioner(s) : Abhai Kumar Singh, Achal Kumar Singh, Awadhesh Kumar Singh Counsel for Respondent(s) : C.S.C. M/S Aditya Foods Rampur Machiya Chandauli .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) recovery proceedings against the petitioner will be kept in abeyance. However, we make it clear that in case the petitioner defaults in depositing the initial amount or thereafter the installments within the stipulated period, it will be open for the respondent to proceed against the petitioner in accordance with law. 7. In view of the above, this writ petition is disposed of. September 16, 2025 DKS WRIC No. 31164 of 2025 2 (Praveen Kumar Giri,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad