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Ab Motors Pvt. Ltd. and Others v. Reliance Commercial Finance Ltd.

Punjab & Haryana HC13 Feb 2025CWP/198/2025

Case brief

AI extract

What is this about?

CWP-198-2025 (O&M), High Court of Punjab and Haryana at Chandigarh, decided February 13, 2025; A.B. Motors Pvt. Ltd. and others v. Reliance Commercial Finance Ltd. and another; writ of mandamus for adjudication of pending review application RA/02/2024 before Debt Recovery Tribunal-III, Chandigarh; time-bound direction to DRT-III to pass reasoned order within 45 days; disposal without comment on merits; no reply called; pending applications disposed.

What did the court decide?

Direction to respondent No.2 (Debt Recovery Tribunal-III, Chandigarh) to decide review application No.RA/02/2024 (Annexure P-12) and pass an appropriate reasoned order in accordance with law, preferably within 45 days from the date of receipt/production of the order; pending applications, if any, stand disposed of. ¶22

Ab Motors Pvt. Ltd. and Others Vs Reliance Commercial Finance Ltd. — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ in the nature of mandamus should be issued directing the respondents to adjudicate and pass appropriate orders on the petitioners' pending review application No.RA/02/2024 (Annexure P-12) before respondent No.2-Debt Recovery Tribunal-III, Chandigarh.

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Court's answer

Without commenting on merits, the Court disposed of the petition with a direction to respondent No.2 to decide review application No.RA/02/2024 (Annexure P-12) and pass an appropriate reasoned order in accordance with law at the earliest, preferably within 45 days from the date of receipt/production of the order.

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Key takeaways

Given the nature of the order being passed, the Court found no necessity to seek a reply from any of the respondents, as no further proceedings and/or pleadings were required.obiter¶21

Detailed headnote1 paragraphs

Punjab and Haryana High Court disposed of CWP-198-2025 (O&M) preferred by A.B. Motors Pvt. Ltd. and others against Reliance Commercial Finance Ltd. and another, which sought a writ in the nature of mandamus for adjudication of the petitioners' still-pending review application No.RA/02/2024 (Annexure P-12) before respondent No.2, Debt Recovery Tribunal-III, Chandigarh. Respondent No.1, served in advance, raised no objection. Without commenting on merits, and holding that no reply or further pleadings were necessary given the nature of the order, the Court directed respondent No.2 to decide the review application and pass an appropriate reasoned order in accordance with law at the earliest, preferably within 45 days from receipt/production of the order. Pending applications, if any, stood disposed of.

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CWP-198-2025 (O&M)

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110

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP-198-2025 (O&M) Date of decision: February 13, 2025

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A.B. Motors Pvt. Ltd. and others

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….Petitioners

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versus

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Reliance Commercial Finance Ltd. and another

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….Respondents

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CORAM: HON’BLE MR. JUSTICE SUDHIR SINGH HON’BLE MRS. JUSTICE SUKHVINDER KAUR

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Present: - Mr. Narender Singh Yadav, Advocate for the petitioners.

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Ms. Puru Gupta, Advocate and Mr. Vipul Dharmani, Advocate for respondent No.1.

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SUDHIR SINGH, J. (ORAL)

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Petition herein is for issuance of a Writ in the nature of Mandamus directing the respondents to adjudicate and pass appropriate order in the review application number RA/02/2024 (Annexure P-12).

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At the outset, learned counsel for the petitioners submits that the petitioners would be satisfied, in case, review application No.RA/02/2024 (Annexure P-12) filed by the petitioners is decided by respondent No.2-Debt Recovery Tribunal-III, Chandigarh, which is still pending.

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On the other hand, on advance service of copy of petition, learned counsel for respondent No.1 appears and raises no objection to the aforesaid prayer of the petitioners.

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1 of 2

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Jyoti 2025.02.19 10:24 I attest to the accuracy and integrity of this document

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CWP-198-2025 (O&M)

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Given the nature of order being passed, there is no necessity to seek reply by any of the respondents as no further proceedings and/or pleadings are required.

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Without commenting on merits of the case, the petition is disposed of with a direction to respondent No.2 to decide review application No.RA/02/2024 (Annexure P-12) filed by the petitioners and pass an appropriate reasoned order, in accordance with law, at the earliest, preferably within a period of 45 days from the date of receipt of copy/ production of this order.

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