Allahabad High Court
POONAWALA FINCORP LTD.versusKRISHNA BAKERY AND 5 OTHERS
- Decided
Holding
The High Court may issue a mandamus directing the lower court to decide the pending case expeditiously without granting notice to the respondents.
Summary
The petitioner, Poonawala Fincorp Ltd., filed a writ petition seeking a mandamus directing the Additional Chief Judicial Magistrate‑II, Kanpur Nagar, to decide Misc. Case No.1188/2026 against Krishna Bakery and others without further delay. The petitioner argued that an inordinate amount of time had elapsed without any decision being taken. The Court considered whether it could issue such a direction without issuing notice to the respondents. It held that, given the nature of the relief, there was no need to put the respondents on notice and that the High Court could direct the lower court to dispose of the matter expeditiously. Consequently, the petition was disposed with an order directing the magistrate to decide the case promptly and to refrain from unnecessary adjournments.
Issues considered
- Whether a writ of mandamus can be issued to compel a lower court to decide a pending case expeditiously
- Whether notice to the respondents is required in a writ petition seeking such a direction
Subjects
- writ of mandamus
- expeditious disposal
- court adjournment
- high court direction
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 37701 of 2026
Poonawala Fincorp Ltd.
.....Petitioner(s)
Versus
Krishna Bakery And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rahul Sahai
Counsel for Respondent(s) :
Court No. - 5
HON'BLE PRAKASH PADIA, J.
HON'BLE VIVEK SARAN, J.
1. Heard learned counsel for the petitioner and perused the records.
2. Learned counsel for the petitioner is permitted to correct array of
petitioner during course of the day.
3. The petitioner has preferred present writ petition inter-alia with the
following prayer:-
"I. Issue a writ, order or direction in the nature of mandamus commanding and
directing the court below i.e. Additional Chief Judicial Magistrate II Kanpur
Nagar to expeditiously decide Misc. Case No.1188/2026 (Poonawala Fincorp
vs. Krishna Bakery and others) within a short time bound period as may be
determined by this Hon'ble Court under the facts and circumstances of the
case."
4. In view of the order proposed to be passed herein, no useful
purpose would be served by putting the respondents to notice and
keeping this petition pending before this Court. However, in case
respondents feels aggrieved by the order their right to seek
modification/variation of the order is being kept reserved.
5. It is argued by learned counsel for the petitioner that a
considerable time has already lapsed but till date no decision has
been taken on the same.
WRIC No. 37701 of 2026
2
6. Taking into consideration the nature of relief sought by the
petitioner and without dwelling upon the merit of the matter, the
petition is disposed of finally with the direction to Additional Chief
Judicial Magistrate-II Kanpur Nagar to decide the aforesaid case
expeditiously and without granting unnecessary adjournment unless
there is no legal impediment.
(Vivek Saran,J.) (Prakash Padia,J.)
September 18, 2026
Pramod Tripathi
Digitally signed by :-
PRAMOD TRIPATHI
High Court of Judicature at Allahabad
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