Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 4503 of 2019 Petitioner :- M/S Prasad Enterprises Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Lal Chandra Yadav Counsel for Respondent :- C.S.C.,Ashish Agrawal
Hon'ble Vivek Kumar Birla,J.
Heard Sri S.N. Yadav, learned counsel for the petitioner and Ms. Rupal Agrawal, holding brief of Sri Ashish Agrawal, learned counsel appearing for the respondents.
Present petition has been filed seeking quashing of the impugned order dated 20.4.2019 passed by the respondent no. 4 filed as Annexure-10 to the petition. A further prayer in the nature of mandamus directing the respondents no. 2 and 3 to sanction 1 crore and 20 lacs of the amount within stipulated period of time in light of extreme urgent necessity involved in present facts and circumstances of the case and also direct the respondent no. 3 to sanction the rest of outstanding amount of loan amount 1 crore 16 lacs after proper assessment of project within stipulated period of time as fixed by this Court.
Admittedly, the order impugned herein is an order passed by the trial court on injunction application. The petitioner has a remedy by way of filing miscellaneous appeal against the aforesaid order.
In such view of the matter, present petition stands dismissed on the ground of availability of alternative statutory remedy.
Office is directed to return the certified copy of the impugned order to the learned counsel for the petitioner within three days after keeping a photo stat copy of the same on record.
No costs.
Order Date :- 31.5.2019 p.s.