Disposed

Saket Jain v. Urban Improvement Trust

Rajasthan HC20 Oct 2021SAW/581/2021

Case brief

AI extract

What is this about?

Division Bench of Rajasthan High Court at Jodhpur directed appellants to file appeals under Section 20 of the Recovery of Debts and Bankruptcy Act, 1993 by 30 November 2021 and disposed of current appeals without prejudice to DRAT's merit.

What did the court decide?

Extension of limitation to 30 November 2021 for filing appeals before DRAT; current appeals disposed of with direction to DRAT.

Saket Jain Vs Urban Improvement Trust — Civil Procedure and Limitation | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

D.B. Spl. Appl. Writ No. 577/2021

¶3

Rajesh Kumar Barjatiya S/o Shri Prem Chand Barjatiyta, Aged About 31 Years, R/o 115 Main Section, Near Jain Temple, Shastri Nagar, Bhilwara, Rajasthan.

¶4

Saket Jain S/o Shri Sanjay K Jain, Aged About 28 Years, R/o 115 Main Section, Near Jain Temple, Shastri Nagar, Bhilwara, Rajasthan.

¶5

----Appellants

¶6

Versus

¶7

Urban Improvement Trust, Bhilwara, Subhash Nagar, Bhilwara, Rajasthan 311001.

¶8

The Indian Overseas Bank, Through Its Manager, Indian Overseas Bank Branch At Sb-57, First Floor, Ridhi Tower, Opposite Sms Stadium, Tonk Road Jaipur. 3. Axis Bank, Through Its Manager, Ganpati Enclave, Hira Panna Campus, Opposite Nahar Brothers Petrol Pump, Pur Road, Bhilwara, Rajasthan 311001.

¶9

----Respondents

¶10

Connected With

¶11

D.B. Spl. Appl. Writ No. 578/2021

¶12

Rajesh Kumar Barjatiya S/o Prem Chand Parjatiyta, Aged About 31 Years, R/o 115 - Main Section, Near Jain Temple, Shastri Nagar, Bhilwara, Rajasthan.

¶13

----Appellant

¶14

Versus

¶15

Urban Improvement Trust, Bhilwara, Subhash Nagar, Bhilwara, Rajasthan 311001.

¶16

The Indian Overseas Bank, Through Its Manager, Indian Overseas Bank Branch At Sb- 57, First Floor, Ridhi Tower, Opposite Sms Stadium, Tonk Road, Jaipur.

¶17

Axis Bank, Through The Manager, Ganpati Enclave, Hira Panna Campus, Opposite Nahar Brothers Petrol Pump, Pur Road, Bhilwara, Rajasthan 311001.

¶18

----Respondents

¶19

D.B. Spl. Appl. Writ No. 581/2021

¶20

Saket Jain S/o Shri Sanjay K Jain, Aged About 28 Years, 115Main Section, Near Jain Temple, Shastri Nagar, Bhilwara, Rajasthan.

¶21

----Appellant

¶22

Versus

¶23

Urban Improvement Trust, Bhilwara, Subhash Nagar, Bhilwara, Rajasthan 311001.

¶24

The Indian Overseas Bank, Through Its Manager, Indian Overseas Bank Branch At Sb-57, First Floor, Ridhi Tower,

¶25

(2 of 3)

¶26

[SAW-577/2021]

¶27

Opposite Sms Stadium, Tonk Road Jaipur.

¶28

Axis Bank, Through Its Manager, Ganpati Enclave, Hira Panna Campus, Opposite Nahar Brothers Petrol Pump, Pur Road, Bhilwara, Rajasthan 311001.

¶29

----Respondents

¶30

D.B. Spl. Appl. Writ No. 583/2021

¶31

Twinkle Jain W/o Shri Shreyansh Badjatiya, Aged About 31 Years, R/o 115 - Main Section, Near Jain Temple, Shastri Nagar, Bhilwara. Rajasthan.

¶32

----Appellant

¶33

Versus

¶34

Urban Improvement Trust, Bhilwara, Subhash Nagar, Bhilwara, Rajasthan. 311001.

¶35

The Indian Overseas Bank, Through Its Manager, Indian Overseas Bank Branch At Sb- 57, First Floor, Ridhi Tower, Opposite Sms Stadium, Tonk Road Jaipur.

¶36

Axis Bank, Through Its Manager, Ganpati Enclave, Hira Panna Campus, Opposite Nahar Brothers Petrol Pump, Pur Road, Bhilwara, Rajasthan 311001.

¶37

----Respondents

¶38

For Appellant(s) : Mr. Ankur Mathur. For Respondent(s) : --

¶39

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SANDEEP MEHTA

¶40

Order

¶41

20/10/2021

¶42

These appeals arise out of a common background and a common question of law and against the common judgment dated 20.09.2021 passed by the learned Single Judge dismissing four writ petitions being S.B. Civil Writ Petition No. 13107/2019 and other connected petitions. The learned Single Judge has dismissed these petitions primarily on the ground that against the impugned order of the Debt Recovery Tribunal, the petitioners have a right of appeal before the DRAT in terms of Section 20 of the Recovery of Debts and Bankruptcy Act, 1993.

¶43

(3 of 3)

¶44

[SAW-577/2021]

¶45

Learned counsel for the appellants agreed to approach the DRAT by filing appeals. He, however, pointed out that by now the limitation period for filing such appeals has expired.

¶46

In view of the fact that the appellant-petitioners were bonafide pursuing the remedy before this Court, initially before the learned Single Judge and thereafter, before the Division Bench

¶47

in appeals, if the appellant-petitioners file the appeals before the DRAT latest by 30^th November, 2021, the same shall be entertained and decided on merits without reference to the limitation.

¶48

With these observations and directions the appeals are disposed of.

¶49

Needless to add, when the learned Single Judge has relegated the appellant-petitioners to avail the remedy of appeal and the apellant-petitioners have also agreed to file such appeals, the appeals may be decided by the DRAT, unmindful of the observations made by the learned Single Judge in the impugned judgment.

¶50

(SANDEEP MEHTA),J (AKIL KURESHI),CJ

¶51

27to30-jayesh/-

Saket Jain v. Urban Improvement Trust

Case brief

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What did the court decide?

Saket Jain v. Urban Improvement Trust

Case brief

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