Partly allowed

Smt Rajni Singh W/O Giriraj Singh v. Ramrajpura Grih Nirman Sehkari Samiti Limited

Rajasthan HC10 May 2024CW/11321/2023

Case brief

AI extract

What is this about?

The High Court quashed a single-judge arbitrator's order rejecting the petitioner's application to condone delay. The matter was remanded to decide the application afresh via a reasoned order.

What did the court decide?

The impugned order rejecting the application under Order 7 Rule 11 CPC read with Section 143 R.C.S. Act is quashed and the matter is remanded to decide the application afresh.

Smt Rajni Singh W/O Giriraj Singh Vs… — Civil Procedure and Limitation | Rajasthan HC (2024)

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[2024:RJ-JP:22199]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 11321/2023

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Smt Rajni Singh W/o Giriraj Singh, Aged About 60 Years, R/o 76/54- A, Shipra Path, In Front Of Drivyavati Garden, Pradhan Marg, Mansarovar, Jaipur-302020.

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----Petitioner/Defendant No.3

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Versus

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Ramrajpura Grih Nirman Sehkari Samiti Limited, 15, Shri Vihar, JLN Marg, Jaipur, Through Its President Jankisharan Agarwal.

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------Respondent/Plaintiff

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Mitr Grih Nirman Sehkari Samiti Limited, Jaipur, Through The Liquidator, Sub Registrar, Cooperative Societies, Jaipur (City).

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Jagan Singh, Previous President Mitr Grih Nirman Sehkari Samiti Limited Jaipur, R/o Indira Colony, Panipech, Bani Park, Jaipur (Deceased)

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3/1. Rameshwar Kumawat, (President Mitr Grih Nirman Sehkari Samiti) R/o Pawan Tower, Venketeshwar Colony, Infront Of Daya Motors And Ganga Motors, Sodala, Jaipur- 302006.

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Ramsahai Kataria S/o Late Ramnarayan, R/o Plot No. 64, Janak Vihar, Bishnawala, District Jaipur. Present R/o Plot No. 303-304, Amar Nagar-C, Bishnawala, Sirsi Road, Jaipur.

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Ummed Singh S/o Ranjeet Singh, R/o 21/182, Kaveri Path, MLA Quarters, Mansarovar, Jaipur (Deceased)

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5/1. Shrimati Asha Kumari W/o Late Guman Singh, Aged About 68 Years, R/o 52/97, VT Road, Mansarovar, Jaipur - 302020.

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5/2. Shri Udairaj Singh S/o Late Shri Ummed Singh, Aged 65 Years, R/o 21/182, MLA Quarters, Kaveri Path, Mansarovar, Jaipur- 302020.

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5/3. Shrimati Urmila Kumari W/o Late Shri Vijay Raj Singh, Aged About 45 Years, R/o 21/182, MLA Quarters, Kaveri Path, Mansarovar, Jaipur- 302020.

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5/4. Shrimati Usha Kumari W/o Shri Rajendra Singh Shekhawat, Aged About 62 Years, R/o Village And Post

(2 of 3)

[2024:RJ-JP:22199]

[CW-11321/2023]

Rundal Via Morija, Tehsil Amer District Jaipur (Rajasthan).

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5/5. Shrimati Uma Kumari W/o Shri Rajnarayan Singh, Aged About 59 Years, R/o Flat No. 1001, Ganga Apartments, Sector 26, Near NRI Circle, Pratap Nagar, District Jaipur, Rajasthan.

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Ranveer Singh S/o Vijay Singh, R/o Bangla No. 1, Hari Bhawan, Civil Lines, Jaipur.

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Janak Singh Sisodiya S/o Shri Gulab Singh, R/o D-157, Ambawadi, Jaipur.

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Shrimati Gulab Devi W/o Shri Mangu Singh, R/o Plot No. 44A, Janak Vihar, Bishnawala, District Jaipur. Present R/o Lisadiya, Tehsil Shrimadhopur, District Sikar, Rajasthan.

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Roopchand Panwar S/o Shri Choturam, R/o Plot No. 44 B, Janak Vihar, Bishnawala, District Jaipur, Rajasthan. Present R/o Plot No. 15, Govindpuri, Sodala, Jaipur.

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Shrimati Munni Devi W/o Shri Hanuman Sahai Gupta, R/o Plot No. 51, Janak Vihar, Bishnawala, District Jaipur, Present R/o Om Krishna Building, Achola Road, East Mumbai, Through Power Of Attorney Om Prakash S/o Narayanlal, R/o B-57, Road No. 8, Janma Nagar, Sodala, Jaipur.

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Shrimati Santra Devi W/o Ramavtar Meena, R/o Plot No. 39, Janak Vihar, Bishnawala, District Jaipur. Present R/o Ganeshpuri, Rawalji Ka Bandha, Khatipura, Jaipur.

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----Proforma Respondents/Defendants

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For Petitioner(s)	: Mr. Harshad Kapoor
For Respondent(s)	: Mr. Pushpendra Kumar for
	Mr. Sandeep Garssa
	Mr. Kawal Singh Loha
	Mr. Nitesh Pareek

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

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Judgment / Order

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10/05/2024

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This writ petition is disposed of in following terms as agreed and requested by the learned counsels for the respective parties:

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[2024:RJ-JP:22199]

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[CW-11321/2023]

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(i) The order impugned dated 22.03.2022 passed by the Arbitrator and Inspector (acting) Cooperative Societies, Jaipur City to the extent of rejection of an application filed by the petitioner/defendant no.3 under Order 7 Rule 11 CPC read with Section 143 of the Rajasthan Cooperative Societies Act, 1965 is quashed and set aside.

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(ii) The matter is remanded back to the arbitrator to decide the aforesaid application afresh in accordance with law vide a reasoned and speaking order.

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Pending application(s), if any, also stands disposed of accordingly.

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(MAHENDAR KUMAR GOYAL),J

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Sudha/45

Smt Rajni Singh W/O Giriraj Singh v. Ramrajpura Grih Nirman Sehkari Samiti Limited

Case brief

What is this about?

What did the court decide?

Smt Rajni Singh W/O Giriraj Singh v. Ramrajpura Grih Nirman Sehkari Samiti Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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