AFR Neutral Citation No. - 2024:AHC:96148 THE HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. 1 MATTERS UNDER ARTICLE 227 No. – 4127 of 2023 MAMTA KAPOOR AND ANOTHER v.

VINOD KUMAR RAI For the Petitioners : Mr. Ujjawal Satsangi, Advcoate Last heard on May 20, 2024 Judgement on May 27, 2024 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 Pe