Cinni Foundation A Trust and 3 Othersand 3 Others v. Tarex Impex and Another

Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 10493 of 2023 Petitioner :- Cinni Foundation A Trust And 3 Othersand 3 Others Respondent :- Tarex Impex And Another Counsel for Petitioner :- Anand Kumar Singh Hon'ble Prakash Padia,J.

¶1The following order was passed on 04.12.2023:- "1. The petitioners have preferred present petition inter-alia with the prayer to direct the District Judge, Varanasi to decide the substitution application filed by the petitioners on 23.12.2019 in Original Suit No.68 of 2012 (Cinni Foundation & Ors Vs. Tares Impex and another) as well as also direct the court below to decide the 6-C application dated 26.10.2012 filed in Original Suit No.68 of 2012 (Cinni Foundation & Ors Vs. Tares Impex and another).

¶2The District Judge, Varanasi is directed to submit its report specially to the effect that whether the aforesaid applications are still pending or not within a week in case matter is pending before him or direct the court concerned, where applications are pending to give comments. From perusal of the order-sheet it appears that the hearing of the aforesaid suit is going on.

¶3Put up as fresh for further hearing on 12.12.2023.

¶4The Registrar (Compliance) is directed to communicate copy of this order to the District Judge, Varanasi within 24 hours."

¶2Pursuant to the same, a report has been submitted by the District Judge, Varanasi dated 08.12.2023 is already on record. From Paragraph-14 onward of the aforesaid report reads as follows:-"14-

ददनननक03.11.2023

ककदवपककककअधधवकनउपसससतसकवपतनवलकददनननक22.11.2023 कक

दनयतककगयक। 15-

ददनननक22.11.2023

ककपतनवलकददनननक11.12.2023

ककदनयतककगयकहह। 16-

पतनवलकककअवलककनसकजनतहकतनहहककदनषकधनजनपनसरननपत6

गददनननदकत26.10.2012 कन

दनसतनरणअभकतकनहहदकयनगयनहहऔरनहकपदतससनपनपनसरननपत56

गददनननक23.12.2019

कनदनसतनरणअभकतकदकयनगयनहह।

इसवनदककददन-पदत-

ददनचलनयनजनयकगनऔरदनषकधनजनपनसरननपत6

गऔरपदतससनपनपनसरननपत

कनगज़सनखयन56

गकनदनसतनरणअदवलमबकरनककनपपणरपयनसदकयनजनयकगन।"

¶3From perusal of the aforesaid report, it is clear that as on date two applications are pending namely application no.6-C dated 26.10.2012 as well as substitution application no. 56-C dated 23.12.2019. Insofar as the application no.6-C is concerned, the next date fixed is 14.12.2023. Insofar as the substitution application is concerned, hearing has already been concluded on 11.12.2023 and the court below will pass orders on the aforesaid substitution application on any date.

¶4In view of the comments as provided by the District Judge, Varanasi as quoted above, the present petition is disposed of finally, the District Judge, Varanasi is directed to conclude the proceedings as per averments made in the aforesaid report dated 08.12.2023 as quoted above. Order Date :- 12.12.2023 Swati High Court of Judicature at Allahabad