Peerless General Finance & ... vs Ram Prasad Ram And Another
2014 Latest Caselaw 9241 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 
Case :- WRIT - C No. - 26013 of 2014
 
Petitioner :- Peerless General Finance & Investment Co. Ltd.
 
Respondent :- Ram Prasad Ram And Another
 
Counsel for Petitioner :- Ashutosh Vaish
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Heard learned counsel for the petitioner.

It transpires from the record that present matter was entertained by this Court on 08.04.2014 and six weeks time was granted to the learned Standing Counsel to file counter affidavit. 

Probably due to some inadvertence, the time was granted to the learned Standing Counsel, but infact the notice was required to be send to the respondent no.1, who is a private party.  

Learned counsel for the petitioner submits that in view of the impugned order dated 19.12.2013 passed by the Permanent Lok Adalat, in P.L.A. Case No. 675 of 2013 (Ram Prasad Ram vs. Peerlees General Finance Company Ltd., Varanasi), the recovery proceeding has been initiated against the petitioner and prays for an interim order. 

In view of above, let notice be issued to respondent no.1. Steps may be taken within a week, returnable at an early date. The respondents are allowed three weeks' time to file counter affidavit. The petitioner will have one week thereafter to file rejoinder affidavit. 

List this matter after four weeks.

Till the next date of listing the order impugned dated 19.12.2013 passed by the Permanent Lok Adalat, in P.L.A. Case No. 675 of 2013 would be kept in abeyance, subject to deposition of an amount of Rs. 25,000/- within two weeks from today to the respondent no.2.

Order Date :- 26.11.2014

VKG