Allowed

Padam Prakash Khandaka v. Firm Raj Ratan Financial Cor and Ors.

Rajasthan HC14 Mar 2019CRES/364/2018

Case brief

AI extract

What is this about?

The High Court allowed the restoration of S.B. Civil First Appeal No.662/2009, accepting the appellant's contention that they were unaware of the impugned peremptory order pulling down the notice period.

What did the court decide?

The application for restoration of the Civil First Appeal is allowed; the appeal is restored to its original number and the appeal is to proceed.

Padam Prakash Khandaka Vs Firm Raj Ratan… — Civil Procedure and Limitation | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Restoration Application No. 364/2018

¶3

¶4

S.B. Civil First Appeal No.662/2009

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Padam Prakash Khandaka S/o Late Shri Sardaarmalji Khandaka, R/o D-192, Jagdish Marg, Bani Park, Jaipur Iind AddressKhandaka Padam Prakash Jewelers 227, Johri Bazar, Jaipur Rajasthan

¶6

----Appellant/Defendant No.1

¶7

Versus

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Firm Raj Ratan Financial Corporation, Through Partner Nem Prakash Khandaka, S/o Late Sh. Sardaarmalji Khandaka, Aged About 62 Years, Address 643, Gokul Bhawan, Tripoliya Bazar, Jaipur Rajasthan

¶9

Shrikumar S/o Late Sh. Om Prakash, R/o -192, Jagdish Marg, Bani Park, Jaipur Rajasthan

¶10

Ratan Kumar S/o Late Sh. Om Prakash, R/o D-192 Jagdish Marg, Bani Park, Jaipur Rajasthan

¶11

Smt. Shanti Devi W/o Late Sh. Om Prakash, R/o D-192, Jagdish Marg, Bani Park, Jaipur Rajasthan

¶12

Smt. Sagar Devi D/o Late Sh. Om Prakash, W/o Shri Anil Kumarji Munshi Mahalwale, R/o D-192, Jagdish Marg, Bani Park, Jaipur Rajasthan

¶13

M/s Khandelwal Traders, Shopkeeper, Shop No. Raste Mai, Shri Radha Govind Hardware Market, Nataniyon Ka Rasta, Jaipur Rajasthan

¶14

M/s Khandelwal Traders, Shopkeeper, Shop No. Raste Mai, Shri Radha Govind Hardeware Market, Nataniyon Ka Rasta, Jaipur Rajasthan

¶15

Shri Madan Mohan Paliwal, Shopkeeper, Shop No. Raste Mai Shri Radha Govind Hardware Market, Nataniyon Ka Rasta, Jaipur Rajasthan

¶16

Sanjay Traders, Shopkeeper, Shop No. 1, Raste Mai, Shri Radha Govind Hardeare Market, Nataniyon Ka, Jaipur Rajsthan

¶17

Sunder Enterprises, Shopkeeper Shop No.1, Radha Govind Hardware Market, Nataniyon Ka Rasta, Jaipur

(2 of 4)

[CRES-364/2018]

Rajasthan

Shri Bal Kishanji Goyal Shopkeeper, Shop No. 3-4, Radha Govind Hardware Market, Nataniyon Ka Rasta, Jaipur Rajasthan

¶22

M/s Jhalani Traders, Shopkeeper, Shop No. 5, Radha Govind Hardware Market, Nataniyon Ka Rasta, Jaipur Rajasthan

¶23

Kirshnawatar Gupta, Shopkeeper, Shop No. 6 Radha Govind Hardware Market, Nataniyon Ka Rasta, Jaipur

¶24

M/s Rajasthan Fitting House, Shopkeeper Shop No.7 Radha Govind Hardware Market, Nataniyon Ka Rasta, Jaipur

¶25

Shri Rajesh Kumar Jhalani , Shopkeeper Shop No.8 Radha Govind, Hardware Market, Nataniyon Ka Rasta, Jaipur Rajsthan

¶26

Shri Girraj Prasad Jhalani, Shopkeeper, Shop No.9, Radha Govind Hardware Market, Nataniyon Ka Rasta, Jaipur Rajasthan

¶27

Surajmal Jhalani, Shopkeeper, Shop No. 10, Radha Govind Hardware Market, Nataniyon Ka Rasta, Jaipur Rajasthan

¶28

Shri Rakesh Kumar Jhalani, Shopkeeper, Shop No. 11, Radha Govind Hardware Market, Nataniyon Ka Rasta, Jaipur Rajsthan

¶29

Shri P.k. Rungta, Shopkeeper, Shop No.12 Radha Govind Hardware Market, Nataniyon Ka Rasta, Jaipur Rajasthan

¶30

Smt. Rajeshwari Rungta, Shopkeeper, Shop No.13, Radha Govind Hardware Market, Nataniyon Ka Rasta, Jaipur Rajasthan

¶31

M/s Steel And Product Shopkeeper, Shop No. 14, Radha Govind Hardware Market, Nataniyon Ka Rasta, Jaipur Rajasthan

¶32

Shri Harishji Khandelwal, Shopkeeper, Shop No.15, Radha Govind Hardware Market, Nataniyon Ka Rasta, Jaipur Rajasthan

¶33

Shri Krishna Awatar, Shopkeeper, Shop No. 16, Radha Govind Hardware Market, Nataniyon Ka Rasta, Jaipur Rajasthan

¶34

M/s Shiva Trading Company, Shopkeeper, Shop No.19, Radha Govind Hardware Market, Nataniyon Ka Rasta,

(3 of 4)

[CRES-364/2018]

Jaipur Rajasthan

Shri Krishnawatar Jhalani Shopkeeper, Shop No. 20, Radha Govind Hardware Market, Nataniyon Ka Rasta, Jaipur Rajasthan

¶39

Shri Rajesh Khandelwal, Shopkeeper Shop No.26, Radha, Govind Hardware Market, Nataniyon Ka Rasta, Jaipur Rajasthan

¶40

Shri Raj Hardware House Shopkeeper Shop No.21, 2Nd Floor, Radha Govind Hardware Market, Nataniyohn Ka Rasta, Jaipur Rajasthan

¶41

M/s Ram Dayal Ramawatar Shopkeeper, Shop No. 22, 2Nd Floor, Radha Govind Hardware Market, Nataniyohn Ka Rasta, Jaipur Rajasthan

¶42

Shri P.d. Goyal, Shopkeeper, Shop No. 23, 2Nd Floor, Radha Govind Hardware Market, Nataniyohn Ka Rasta, Jaipur Rajasthan

¶43

Damodar Lal Rawat, Shopkeeper, Shop No. 24, 2Nd Floor, Radha Govind Hardware Market, Nataniyohn Ka Rasta, Jaipur Rajasthan

¶44

Vikas Kumar Jain, Shopkeeper, Shop No. 25, 2Nd Floor, Radha Govind Hardware Market, Nataniyon Ka Rasta, Jaipur Rajasthan

¶45

Shri Om Prakash Jhalani, Shopkeeper Shop No. 1., Ist Floor, Radha Govind Hardware Market, Nataniyon Ka Rasta, Jaipur Rajasthan

¶46

Smt. Mohini Devi Katta, 27, 2Nd Floor, Radha Govind Hardware Market, Nataniyohn Ka Rasta, Jaipur Rajasthan R/o B-12, Meera Marg, Bani Park, Jaipur

¶47

Smt. Shanti Devi Katta, Shopkeeper, Shop No.28, 2Nd Floor, Radha Govind Hardware Market, Nataniyon Ka Rasta, Jaipur Rajasthan

¶48

----Respondents/Defendants

¶49

For Petitioner(s) : Mr. Ajay Kumar Jain. For Respondent(s) :

¶50

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

(4 of 4)

[CRES-364/2018]

14/03/2019

Appellant has filed this application for restoration of the Civil First Appeal.

¶56

It is contended by counsel for the appellant that appellant was not aware of the passing of peremptory order. Hence, notices were not filed in the time prescribed by the Court.

¶57

Considering the contention of counsel for the appellant, application for restoration is allowed.

¶58

Civil First Appeal is restored to its original number.

¶59

Office to proceed.

¶60

(PANKAJ BHANDARI),J.

¶61

Chandan/9

Padam Prakash Khandaka v. Firm Raj Ratan Financial Cor and Ors.

Case brief

What is this about?

What did the court decide?

Padam Prakash Khandaka v. Firm Raj Ratan Financial Cor and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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