Dismissed

Ismail S/O Sardara v. the Baroda Rajasthan Regional Gramin Bank

Rajasthan HC13 May 2024CW/6765/2019

Case brief

AI extract

What is this about?

In a D.B. Civil Writ Petition, the High Court of Rajasthan allowed the impleadment of legal representatives for a deceased petitioner and condoned the delay in filing under Section 5 of the Limitation Act. The main writ petition challenging a bank notice was dismissed because the respondent had already deposited the demanded sum via Demand Draft, rendering interim orders unnecessary.

What did the court decide?

Application for legal representatives allowed. Petition for condonation of delay allowed. Writ petition dismissed as demand draft was deposited.

Ismail S/O Sardara Vs the Baroda Rajasthan… — Writ and Judicial Review | Rajasthan HC (2024)

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[2024:RJ-JP:22525-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Writ Petition No. 6765/2019

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Ismail S/o Sardara, R/o Mahuwa Khurd, Sab-Tehsil Malakhera, District Alwar (Raj.)

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Fathma W/o Ismail Khan R/o Mahuwa Khurd, Sab-Tehsil Malakhera, District Alwar (Raj.)

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Hansira D/o Ismail Khan, R/o Mahuwa Khurd, Sab-Tehsil Malakhera, District Alwar (Raj.)

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Bassi D/o Ismail Khan, R/o Mahuwa Khurd, Sab-Tehsil Malakhera, District Alwar (Raj.)

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Moti D/o Ismail Khan R/o Mahuwa Khurd, Sab-Tehsil

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1. Malakhera, District Alwar (Raj.)

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Anisha D/o Ismail Khan R/o Mahuwa Khurd, Sab-Tehsil Malakhera, District Alwar (Raj.)

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Sahina D/o Ismail Khan R/o Mahuwa Khurd, Sab-Tehsil 7. Malakhera, District Alwar (Raj.)

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Asamdeen S/o Ismail Khan R/o Mahuwa Khurd, Sab-Tehsil Malakhera, District Alwar (Raj.)

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Sajid S/o Ismail Khan R/o Mahuwa Khurd, Sab-Tehsil Malakhera, District Alwar (Raj.)

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Aasahun S/o Ismail Khan R/o Mahuwa Khurd, Sab-Tehsil Malakhera, District Alwar (Raj.)

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----Petitioners

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Versus

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The Baroda Rajasthan Regional Gramin Bank, Branch Kalsara, Alwar Through Manager.

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Brijbihari Khandelwal S/o Shri Bhagwan Sahay, Aged About 43 Years, By Caste Mahajan, R/o House No. 2/120, Kaka Kua, Housing Board, Alwar, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Gajender Singh Rathore For Respondent(s) : Mr. Ankit Somani for Mr. Ram Naresh Vijay

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(2 of 2)

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[2024:RJ-JP:22525-DB]

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[CW-6765/2019]

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HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MRS. JUSTICE SHUBHA MEHTA

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Order

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13/05/2024

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The matter comes up on an application (1/2020) for taking Legal Representatives of deceased-petitioner No.1 Ismail S/o Sardara on record, the same is allowed.

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The matter comes up on an application (2/2020) filed under Section 5 of the Limitation Act for condonation of delay in filing of the writ petition.

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For the grounds mentioned in the application (2/2020), the same is allowed. Delay in filing writ petition is condoned.

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Heard.

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Appellant has filed this writ petition inter-alia challenging the notice dated 18.03.2019. In reply, it is submitted by the counsel for the respondent that Demand Draft of Rs.6,27,000/- has already been paid to the Sub-Registrar on 28.03.2019. Since the amount has been already paid by the bank, no orders can be passed with regard to the notice dated 18.03.2019.

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Consequently, the writ petition is dismissed.

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However, the petitioner is free to take appropriate remedy available to him under law.

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(SHUBHA MEHTA),J

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(PANKAJ BHANDARI),J

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DAKSH/50

Ismail S/O Sardara v. the Baroda Rajasthan Regional Gramin Bank

Case brief

What is this about?

What did the court decide?

Ismail S/O Sardara v. the Baroda Rajasthan Regional Gramin Bank

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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