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2026 DAILYLAW 11988 (ALL)

PANKAJ YADAV v. STATE OF UTTAR PRADESH AND 3 OTHERS

WRIC/40230/2026 · 2026-10-04

J J Munir, Vivek Saran

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 40230 of 2026 Court No. - 2 HON'BLE J.J. MUNIR, J. HON'BLE VIVEK SARAN, J. 1. The petitioner is aggrieved by the seizure of his JCB machine of which he wants possession. 2. Upon hearing learned counsel for the petitioner and Sri Jawahir Yadav, learned counsel appearing for the respondent nos.3 and 4 what we find is that the vehicle has been seized pursuant to the appointment of a receiver by the Additional Civil Judge (Senior Division), Karnal in CNR No.HRKR02-002436-26 being an application under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') where the learned Civil Judge has ordered the appointment of a receiver nominating Jitendra Chaudhary, Collection Manager of respondent nos.3 and 4 to take possession of the petitioner's vehicle and issued further directions for enforcement. The SHO of the Police Station concerned has been authorized at the instance of the receiver to take possession of the vehicle. 3. From the record in the GD entry, it is apparent that the vehicle has been seized at the instance of the receiver by the police in order to hand it over to the receiver appointed by the learned Additional Civil Judge. The order of the learned Additional Civil Judge dated 22.07.2026 is appealable under Section 37 of the Act. 4. There being a clear equally efficacious alternative remedy before the Judge, against the impugned order, under Section 37 of the Act, we are not inclined to entertain this petition. 5. This petition is dismissed subject ofcourse to the petitioner's right to avail his remedy. October 5, 2026 Deepika Versus Counsel for Petitioner(s) : Aditi Pandey, Ankit Yadav, Ramesh Kumar Tiwari Counsel for Respondent(s) : C.S.C., Jawahir Yadav (Vivek Saran,J.) (J.J. Munir,J.) Pankaj Yadav .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s) Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad