Mamta Kapoor vs Vinod Kumar Rai - 2024 Supreme(All) 875

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 875

SHEKHAR B. SARAF
Mamta Kapoor – Appellant
Versus
Vinod Kumar Rai – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Ujjawal Satsangi, Advcoate

JUDGMENT :

HON’BLE SHEKHAR B. SARAF, J.

1. The instant application under Article 227 of the Constitution of India has been preferred by Mamta Kapoor and Anurag Kumar Gupta (hereinafter referred to as ‘the Petitioners’) against the order dated January 17, 2023 passed by the Presiding Officer, Commercial Court, Varanasi in Misc. (Civil) Suit No. 375/2022.

FACTS

2.I have laid down the factual matrix of the instant lis below:

a. Petitioners and Vinod Kumar Rai (hereinafter referred to as ‘the Respondent’) entered into a business agreement on July 7, 2022 for running, operating and managing Hotel Niveditta, situated at B-30/1-A-1-D, Assi, Varanasi (hereinafter referred to as ‘the Hotel’).

b. In pursuance of the aforesaid agreement, a total amount of Rs.30,00,000/-was to be paid by the Petitioners to the Respondent as security and the possession of the Hotel was to be taken over by the Petitioners. Thereafter, the Petitioners, approached the electricity department for verification of dues and to obtain appropriate electricity connection at the Hotel. The Petitioners were informed about the requirement of the installation of a separate transformer at the Hotel for electricity supply. The Petiti