Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 95042 (ALL)

VINAY GOYAL v. SANDEEP PAPER MILLS PRIVATE LIMITED AND 4 OTHERS

A227/10820/2025 · 2025-09-10

Manish Kumar Nigam

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 10820 of 2025 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J. 1. This petition has been filed for following relief:- "(1) direct the defendant-respondents to maintain status quo and not to create charge, mortgage, sell, or otherwise relinquish in any manner the movable and immovable properties of the defendant-respondent no.1- Company; in the alternative, direct the defendant-respondents to furnish a security of Rs.53,00,000/- to the Court of learned Civil Judge (Senior Division), Muzaffar Nagar; (ii) direct the Court of learned Civil Judge (Senior Division), Muzaffar Nagar to decide the interim injunction application (paper no.6Ga) and/or the ad-interim injunction application (paper no. 86Ga) filed in Original Suit No. 841 of 2024: Vinay Goyal Vs. Sandeep Paper Mills Pvt. Ltd, most expeditiously or Mithin such time as this Hon'ble Court may deem fit;" 2. Contention of learned counsel for the petitioner is that in a money suit, the petitioner moved an application for interim injunction, which is pending for the reason that the trial court is engaged in considering the application under Order VII Rule 11 of C.P.C. 3. Considering the imminent threat of properties being disposed of by the defendants, the petitioner moved an application under Order XXXVIII Rule 5 of C.P.C. The said application is also pending and is not being decided by the court below. Versus Counsel for Petitioner(s) : Shreya Gupta Counsel for Respondent(s) : Vinay Goyal .....Petitioner(s) Sandeep Paper Mills Private Limited And 4 Others .....Respondent(s) 4. Since the application for interim injunction as well as application under Order XXXVIII Rule 5 of C.P.C. are pending, no useful purpose would be served in keeping this petition pending. 5. Trial court i.e. Civil Judge (Senior Division), Muzaffar Nagar is directed to decide both the applications, expeditiously, preferably within a period of four weeks from the date of production of certified copy of this order, without waiting for decision on application under Order VII Rule 11 of C.P.C., in accordance with law, after providing opportunity of hearing to all the parties concerned. 6. Accordingly, the petition is disposed of. September 11, 2025 Nitika Sri. A227 No. 10820 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad